CO129/8 - Foreign Office | 1844





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1844

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Foreign Office

Foreign Offic

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15 Houstong

RECES

JAN,

1844

Foreign Office,

January

RECORD

2.1844.

4

Sir,

α

I have laid before the Earl of Aberdeen Your Letter of the 21 at Ultimo, inclosing copy of a despatch from Sir Henry Pottinger respecting an application made to him on the part of

e part of the London Missionary Society for the grant of a Piece of Land at Hong Kong for an Anglo- (hinese follege; and calling,

Lord Aberdeen's attention to the

doubts expressed by Sir Henry Pottinger as to the propriety of allowing Her Majesty, Consuls in China to protect Persons seek to establish Schools

who m

may other similar destitutions in

 

•W. Hope rapp

any

part

२.

part of China in opposition to the wisher of the Chinese government and its Officers.

I am to request that You will acquaint Lord Starley that lord

Aberdeen would not consider it

advisable at present to give any special instruction to Sir Henry Pottinger upon this point. British Subjects in China, as in other

аб

parts of the world, are of course bound to respect the Laws of the Country in which

in which they reside;

and cannot complain if they suffer for an infraction of those Laws..

But as regards the conduct of

Persons

5

Cr

Persons in Her Majesty's Service, Lord

Stanley will perceive by the inclosed 2.92. Copy of a despatch which Lord

Aberdeen hav addressed

ed to fin

Heary Pottinger, that all Persons in the Consulates in thina will be made clearly to

Ingaged

understand that they must abstain from

in all active

interference in Misionary Pursuits.

Раш

Jave, fir,

Your most obedient

humble servant

Canning

!

ore

ffice

if nothing requires

In

Suecting

Anthony

прод

// Спас и

1. Colleges th

утр

Copy

2.92.

There is one

in 17 Hong Kong

✓ 6

Fo. Noor. 15. 181468.

0.0

JAN. 3

1844

point to which I not long sinces had

occasion to advert, bub to wheel I think it expedient

to

once more,

De iur. In

the settlement of the establish =

-:ments in China . I mean the absolute recessity thats

to

>

all. Persone employed in the Consulates in Chena should be mare clearly to understand that they must abstain from all active interferences in Missionary pursuits. Wittent at all seeking undervalue the merits of those exemplary men who devote themselves to the propagation of Christianity among the furore people,

Cinere I cannot but consider that the utmost inconvenience might result to the Publick, of St. his Servants in Ema were to be allowed to associates themselves in such pursuits. It is easy to foresee that difficulties may and probably will arise from the zealous exertions of Missionaries :

Ѐ

Jay

; and it would be

very

inconvenient,

the least of it, if Her Majesty's Servants were to be considered by the Chinese Authorities,

or People, as engaged in proceedings which they

Sir Henry Pollinger Bart

th

might

ht consider to be ab variances with their

might

*

national feelinge & prejudices, and inimical to their religions tenets and institutions. By holding themselves aloof from the operations of thissionaries, Ht th's Servants

may

indeed be able to render them mi case

more effectual assistance than

of need they would

be able

to afford, of the Chinese Authorities and People

>

the whom

should be led to consider them as engaged in same work with the Missionaries against their feelings might be aroused, and their animosity directed.

I am te

(igned)

Aber.

A

7

Office

Copy.

7.0. November 15. 1043.

To Per Houry Pottingen

ho. 92.

!

}

26 Jun. 144.

fir,

REC

140

Hong

1 Foreign Office,

JAN. 20

1844

January 19. 1844.

8

Stanley

I am directed by the Earl of Aberdeen to request that you will nove Lord fo to have the goodness to communicate to His lordship a copy of the Instructions under Her Majesty's Royal Sign Manual which accompanied the Commission

by Her M.

granted by

Majesty to fir

He

Кенгур

Pottinger as governor of Hong Kong. -

Lord Aberdeen concludes that

Her Majesty's Instructions to bir Henry Pottinger's successor will correspond with those given to Sir Henry Pottinger

himself

• W. Hope sep

$

9

himself; but if any

alterations should

be made in this respect, His Lordship

would be glad eventually to be made

acquainted

ainted with them.

Jam fir,

Jam,

Your most obedient

humble Servant

bering

26th January 1844.

The Viscount Camning

Burning My Lord

1844

Santh and When 23

24

Lomonly 24

am

Having laist before Ford Stanley your letter of the 19th instant! I aur directed by his

by Lordship to transmit

you, for information of Earl of Aberdeen,

to

a cofing off. Sustin tes

the

the

th

tions under

the Royal Sigen Mammal and Signet which

accompained the Commission under the Great Seat

appointing May:

11

or

General Sir Henry Pollinger to be Governor and

Commander in

Chief of the Colony

of Hong Kong I have.

10

11

ore

And cleaning.

required laher

219 Hong

RECEIVED

FER O 1844

Foreign Office

མ་

12

14.12

Pir

February s

5-6044

Letter of the 217

With reference to your

December last, I am directed by the Earl

of Aberdeen to transmit to you, for the information ofLord Stanley, alopy of a

Despatch which Lord Aberdeen has addressed.

to Sir Stewry Pottinger on the subject of the operations of Missionary Societies in (fina,

Y. W. Hopeles

I

am,

Your

or

Sir,

most obedient

humble servant,

Allehderingston.

ON

=

сору

he/2.

für,

219 Mongtop

RECEIVED

FEB. 6

13

Foreign office, Federing s. 1844.

Lord Stanley has communicated to

me a copy of your despatch to this Lordship 2. 13. of the 22nd of august last, reporting Your communications with the Agents of the London Missionary Society in conx

s sequence of

their wish to obtain a

Srant fland in Hongkong for the purposes of the Society; and I have since received your despatch he115. of the 2nd JSeptember, inclosing

Copy of

a

Letter Which You

had

а

caused to be addressed to those Partier

on the previous day, pointing out

Henry Pottinger, Bart, J&B.

to

14.3

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ore

to them, with reference to an intimation contained in their Letter of the 18th of August

for an

any

of the establishment of Schools in the Northern Posts of China besing contemplated bythstociety, thar the Trea ly of hanking did not provide

such measures, and that; pending the receipt of mistructions from homes, the protection and support of H: this Consuls could not be extended to the operations of the Society in the event of any objections seng started by the fort of China ar by its Officer, to those operations being carried on. I have to acquaint you, in reply, thint which you : foot approve. gave to these parties as above stated; and

your opinion that At: 12;

4: MI

that they

the answer to

concur in con

an

which Gort could not resist

any objections the Chinese fort may advance against the interferences of Missionaries with the roligin of the people of China. I trust

or education

disposition

по до

however that there would be no

on the part of the members of the Society,

& persist after due warning, in disregarding

the wishes of the Ehmeres Authorities in this

respect, and that no occasion will arwe) in

which the necessity of providing for the safety of the British Community at large,

render

or the risk of compromising the continuance of friendly relations with (Bena, may it indispensables for the cheef Britick Authority in China & resort to the extreme measure adverted to in the close of yours letter, of requiring these man,

any other partis to quit the Quises Zernitary altogether.

Since the receipt of your despatch I have interview, at then regness; with deputation of the London Missionary Society,

a

had an

an.

d

I pointed out to them that it would be advisable for them to abstain, at ale events for the present, from any attempts to extend the operations of the Society begend the limits of the Soland

the Soland op stongkang, and not to rich exciting the suspicion

anime

risk

ity of the finese Anthonties or Scople by any premature exertions to

obtain.

on

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obtain a footing in the Cheneses Tewiting; wheles if their proceedings in Hongkong

itself were conducted with moderation and

attended with success, the reports which might seach the Authorities of the Emperor of China of the salutary effect of their exertions might dispose those Authontier to admit of

aw extension of their operations beyond the limit of British Parisdiction ведено or protecten .

At the same time, however, H. Mi fut cannot but hope that the day is not far-

distant when the Chinese will be willing

до

and to

7

to view without jealousy the entrance of Mifsimaries into their Country, receive with favour, and perpit by, the

of Christianity.

doctrines

I am te

(Signed) Aberdeen

15

1

|

232

although.

h. Safe

that Stir an

td to hd. Davis

inded, I will reach him dically from the Foncipi ffir

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It doesart onew to the

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247 Hon Kor

to hans mich to

RECENEL

FER 14 1844

directed

yo

16

Foreign office, Volmary 13.-1806

The tart of Abeuden

by herewith, for

a

information of Lord Stanley. letter from Webavis neputing

the

Copy of in

his

لت

1.-

I allowances on proceeding to think, with

a lopy of

Mie

andwe

which has been

Copy-of

that

returned to W Dairs, and a

heller to the Century requesting

a

the Seene

One

thens and Pounds may

be isened to be Fairs by way of sitpit

in his character

1

of

The Majesty's

Plenipotentiary and Chief Euperintendent of British Bade in china.

Zenge W. Hope Ger

With

With regard to her Bairs's application

that his Salary may

day of

crumence

pune the

his departure from this Corniley, it is right that Lord Stanley should be informed that the allowance

thensand Pounds

a

Year

of

Lir

46.

which Sie Heung

Pothinger enjoys, does not appear

in any

Estimate, bring paid out of the fait

Contingencies

at au

Allowance

en a)

Spaniel lipen, and that his Benny

Pottingen will be entitled to the full-

proportion of

thind allowance until his

that

Special likein terminates by his return

to this brentry, supposing

delay

acurs

on

мо

lume

necessary.

b

his part in returning

begland after being relieved by Mer

Davis.

Eam, Lei,

you huntleterrent,

most obedient.

t

17

!

Men

Office

Copy.

The

My Lord,

in 247 Bruge

73. Portland Place,

January

9.0.

18

ED

26.1844.3 14

#54-54

In communicating to Sir Henry Pottinger that his allowance would be £6,000. per

A n nuw

Lord Palmerston added_"This

allowance will commence from the day

of your departure from this country.

Jor china - You will also receive a sum of £2,000. as an allowance for defraying the expences of Your quipment and outfht " proceeding to Your Post." May 15.1841.812.

on

Як а. ка

a su

subsequent Letter from the Under Secretary of State, it is further

added _ "Jam directed

(in

6 by Wis Lordship

that You

&

to acquaint You ( in reply) that

are a

authorized to charge to the

account of Your mision

contingent acco

J.

Earl of Aberdeen. K. T.

Whatever

hottery

" fccurti legure she due Where he ilver - this interity tothew theat

m yg n j mj

a. de fft oun

reshap

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While the Thamany sub-

the five

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Pored Office

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whatever Suner You may

disburse

in the payment of any expencer of Land and Sea which You

transport by

may incur", Lee - May 29, 1841. 2018. -

Itrust Your Lordship will

me

permit respectfully to claim

the same extra allowancer as

predecessor; and shavete

(signed) J. 7. Davis.

my

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19

key Lords,

Foreign Office,

February

12.1844.

I have the honour to acquaint your

Lordships that her Davis, whom the Queen has been pleased to appoint to be Her Majesty

Plenipotentiary in China, Chief superintendent

Залечнотор

of

of British Trade in China, and governs The Inland of Hong Kong, has represented to me that Sir Henry Pottinger,

proceeding to China,

was

allowed

& on

an

Outfit of £2,000. being One third of the amount of salary assigned to him; and Mr Davis has requested that a similar indulgence may

be extended

to himself on proceeding to discharge

каше

duties which have been

Lords Commissioners

the sa

дж

JH. M. Treasury.

imposed

F

OS

imposed upon Sir Stewry Pottinger._

Your Lordships.

are aware

that a

Salary of £6000. a year has been

assigned to mur davir, and that such

Salary will be borne upon

дека,

of the Colonial Office..

the Estimate

Sunderstand from Lord. Stanley

that it is inconsistent with the

practice of the Colonial Office to grant Putfits to fovernors; - but or the Salary assigned fixed at

to her Davis has been

at the sum of £6000. a

of £6000. a year in consideration of the several

which are united in his

Offices

person, dconceive that at leash

a portion of that salary, he

on a

نها

+

is entitled to receive such a sum

20

by way of outfit as he would have received if such portion had been borne on the Extimate of the Foreign

office.

The seem

of

£ 3000. a year

was

fixed in 1836. as the Salary to be rajoyed by the Chief Superintendent,

and propose that on that sums an allowance by way of outht

should be made to Mir Davis,

on the same principle on which diplomatick

lomatick and Consular

outfits are granted; namely One third of the yearly salary.

I have accordingly to request that Your Lordaliips will have the gooding to give directions that the sun £1000. be

ried to her Davis

be issued

ор

or

11

1

=

his assigns by way of outfit in his character of Her Majesty's Plenipotentiary and chief Superintendent of British Trade in China._

Shaves (signed) Aberdeen

جاه

Copy

The Lords Commies! Treasury.

7:0.

Jeby,

12.1844.

21

Capy

و

Theegn Office Feb. 13. 1844 22

I am ovrected by the Earl of Aberocon to acquaint you that Hi Lordship has been in `communication with LoroStanley on the

Infect of your application of the 26th of Jawr that you may

same allowances on proceeding to China as were

receive the

granted to Sir Her a gear shall commence

from

Pottinger: voit that your Salary of £6000 a

£6000 a year,

the day of your departure from this Country, that you may receivo & 2000 by way of Outfit, and that you may charge any expense of transport by land & sea which yon may incur.

gene

I am to state to you on the first place, that gons Salary of 28000 a year will be borne

- well be borne upon the Estimates of the Colonial office, and will be issued to yon by theat Department; and e gen therefore to recommend that you should address yourself to snottarley respecting the time at which is ifine to you

am

shall commence.

15

As regards the question of outfit, Lord Aberdeen has been informed by Lord Stanley that it is inconsistent with the practice of the Colonial Office to grant butfits to Governor. But as Lord Überdeen considers that the amount of salary which has been assigned to you, has been fixed, with reference to the several offices united in Your Person, His Lordship willing that the moiety of it thould be deemed to be paid to you in your character of theef inperintendent, acing the same sum which was assigned in 1856 to the Office of Cheep Superintendent, and that, in conformity with the principle observed in

Office with is prect to Outfits granted to the Diplomatic "fonsa lar Servants of the Coone,

third of that morely should be gran

h

J. F. Javis Eif.

thes

ted to you by

way

From

Copy

Mr Davis.

January

26.1844.

M

way of butfit and überdeen has accur

dingly requested the Lord's (mon"s of t. this Seca sang to shine & gon, or your lefsigns, of I 1000, by way of butfit, in your character of He has "lenspotentiary & Thief Superintendent of touchick Trade in China.

: pe Sum o

la

the

tis rigares the question of the expences of your braasport by

nd & sen, I am to state to gon that ared Aberdeen understand

from Lord Stanley that you will receive from this Colonial Office the sum of 6000 to enable you to meet the expeace of your proccding to (henā, and Hir Lordship there fore con seders that the only part of the question to which he has occasion to avvest in that which wlater to any expences of transpart

which me

Witto regard to any

by you,

sheh expences

I have to state to

:

8 gün

them, Lord

may be a curred by you after your arrivals in China. which may be incurred that of the performances of your puble duty requires that you should inour Aberdeen conceives that the charge should be borne by the In blic. In most cases, however, your passage from me place. 4 another will probably be afforded by one of tith's Ships of was, and the expencer there of will be claimed by the Officers comman ding such Ships, &

manner

M

>

the usual,

through the admiralty, but if many cases, you find it necessary actually to make a disbursement on account of passages in execution of the Public Service, In your capacity of Plenipotentiary &ffeef Superintendent, will be authorized to change the amount there

you

th

23

` your contingent account with this Office. bir teary Pottinger has probably made some arrangement on this point with regard to his transpach for the short Passages between Hongkong and Macas and fanton, more economical perhaps than an adherence to the naval regulations in this respect would admit of; and it would be adorable that you should ascertain what he has done, and follow

if it appears to be most advantageons to

the same course, the Public Lewice.

I am so

И. Regined) 4.4. Addington

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Extract to Aden

to Board.

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An

274 May 2

REC

CEASED Foreign Office,

FFR 15 1844

Lebruary 14. 1844

24

am directed by The Earl of Aberdeen to transmit to you, for the information of

Stanley Copies of a Despatch

loxwies

and its

-ures received from Sir Henry Pollinger,

calling

the attention of Nr.

Mazesty's Government

I swith reference to the subject of the leamons

Hospital at Hongkong,

Dn

which he has

written direct to Lord Stanley, to the propriety

of - some special rules being laid down with respect to distressed British Seamen to add that as it is

in China; and I am

GW. Hope Eug

presumed

Copy

To Mr. Davis.

Zo. Feb 13. 644,

ļ

བ་མས ན་བརྙ། ་་

presumed. thah

the homoialty

anz

In

communication to

these matters which

made by thes

may appear necessary will be made

Colonial Office, Copics of these Papers

have

not been sent to that Department from hence.

Jam,

25

your

most obedient.

humble servant,

AlleAshington.

" of the seaman's hospital referred to see 2.022d buughery

Jam not celticc's whetten

mechtseauren

the Identr

take c

departur

hele

그것

subsch

but

will

profully beings.

the papers go to the right the Birch trade

as to the loospital

720

работ

Tits 2öften

16

Ex

26

J. Barrow Mar 29 del 14 20

1844

Forwarded by FEBY

Stephen 21

21

Mr Hope Lord Stanley 22

& 8.6.14 les

Jardinsted f

Lord tuule, to hausmit Monherwitth, for the consideration of the Lord

Comme

of the Adul betrapts of despatch sie te parties Carl of addrepld.

Sto Aberdeen forwarded

certain

This Lordship to this Office Suggesting "regulations to prevent the future discharge of seamen from any of A. Meships in Hongthong

or any of the Chinese

Porti!

Adverting to thir

peculio circumstances

of Songthong and the Chinese Ports Lord tanke

Saites

}

7

i

would request tobe informed whether the Lords of the Admiralty reason toobject

Lee any

to thevicius entertained

ove

terdafest Whis M.

Pottinger.

thouse

1 Exteret J.G. S. Lefevre

R

1844

Forwarded by FEBY M2/2012/

Stephen st

M. Hope

31

12/

}

Lord Stanley 22

In 8.0.145

HongKory Lin

29 by 27 Sanidirected by

Loco Stanley Strammit

dows

toyou herewith, for the consideration of the Lord,

Committer of Pring

of the

I for

Сордора

Trade, the

Copy of a Despatch addressed tin A Pottingen to the Earl of Aberdeen and forwarded this Lordship tothes Office relative to the regulations to be. Enforced in regard to Merchant Leamen in

Hongkong and the Ports of Chirica.

Their Lordships with perceive that Sir A. Pottinger exprefer a strong opinion that

E

I

!

25

adverting to the peculiar

of Hong Kong and the Chiriere Empire the discharge of teamen in Phone Ports should be altogether prevented. Before takking any further Neferin the matter LordStanley would request to be informed whether the Lords of the Committee for Trade see

circumvestances

any

reason to

object

or te

to Sir St. Pottinger's views on this point- Miregulations & which The heopones to carrythone views nito effect. Havre

28

Enters Hughing and fur

I. J. Davis Exy Lin

No13.

--

7844

APn

Medisch S JEST PO 3

4

Honor EndStanley: 4

لا

lip 144.

Cofe & Lo

har

The rail of Aberdeen

communicated to

me the despatch which Lin & Pottinger addreped Whis Lordship

Nov. last, on

on the 20

th

the subject

of the Colonial Hospital at Songsong and the

Seamen discharge of British lan whether from Im Ships Merchant Vapels at приводал

or

Ports in the China Lear.

On the subject of the

Colonial Hospital Shave already with you

communicated

in reference to Sis St Pottinger's despatch

tomgret

of the 28 Nov? No 25 4 Mutil Inceive the fingther

to

information which I have directed you furnish I cannot come to any final decision ofer

:

}

17

1

it Inrespect to the discharge of seamen

лит

The China Ports Shave to

that thave

траси дале communicated with the

Lords Comm?

of the Rome

and that their Lordships

have in consequence

to the

ipced instruction, Naval Commanding Officer

in the China Lear brend hime in Repels of ther on

пр Fusports all puxous discharged from Im!

that portion of the

ou

2. I Station, andon no account Wallowang men so discharged to go ashore within the

Chinene. Territory. These

nistrcctions wit d apprchend completely meet Sir A Pottinger's

29.

wen

are concerned.

views as far as the teams oform havy and using seamen the ands Merchant

andother

или

degislative powers vested

зас

in you and gom fommit are wide enough

Suable

to

tomake all

jou necessary regulations for their government at Houghtony and in all Chinese Ports. I kave it, therefore, lyon

to introduce such regulations arexperime

shawlobe

may

нечерину

but Iuced hard Gimpres the importance

all interference

on Jour of avoiding

which i

mag

not be

absolutel indispensable.

andwhere it camest

be avoided of as framing

бас

measures as талич

Bgive

The least ground for cail complaint. You

ofcourse report to

or

with

me without top of time

regulations ang regulat

lations which

you may

Ju

Li

Establish

feet. Shaveze

on the

Heplising. All. Adding

With reference Dron

telleor the

havsmit

you

the 14 Lets Cast I amarceted ford tauley to commit to you herewith for the informeation of the Cauld Aberdeen, kifony opan hestuction which Lord Stanley intend, to addres

to Mr Davis in

answer to the suggestions rexpecting the regulation of

Seamen

или

of Arm Nam You

Mercheuse Vessels in Straflong & the Chimere Parts, contained in Sir Jr. P. Minger's Despatch thord Aberdeen of the 20 hod. Carl No 152.

Shave

No 13.-4 April /44

сору

Wo. 162.

My Lord,

274 H. Barch

30

Hongkong. Nov-20 1043.

Aquestion that seems

LIC

RECORD

h

me to require

the

carly consideration of H. Mi fort with a views to some more defined Regulations than

ней

these which are now in

- force being laid down,

and supported [ should it be found requisite"]

йверомид

by a special enactment of the Legislature,

Order in

Council ; arises from the number

unemployed British Seamen who

are.

at

or an

क्र

present at this place, at Macas, and [a few] at (husan, and perhaps other Ports in China,

I on

It si unnecessary for the to dwell fact, that the Laws and Rules regarding

this class of H : Mis Subjects which

have been hitherto thought to be suppicient

in all other parts of

Me East of Aberdeen 121.

the

Globe,

the

17

Globe, are

our

totally inapplicable to the peculiarities and circumstances of connection with the Chinese Empere, and I therefore think of right to take the earliest opportunity of making #: Mi's Goverment acquaintiv with what I have already

the subject, and likewise respectfully offering my opinions as to what remains to be done for the future.

Jone on

The accompanying Copy of a Notification which I issued

on the 45 of last month will shew that I have directed that the Provisions of the Merchant Seamen's Act shall be brought inh- operation in China, from & affter the first day of the casuing month of December, and I hope that this measure will in some degree, check the wiegularities which I have

but I pointed out in that notification; do not allow myself to expect, from the

with which the penalties can facility be evaded, and the difficulty which will attend their exforement in every instance,

That

Sext 2 fol. Off Der 16/42.

aware

31 that

that the step will be effectual.

your Lordship is, I presume, there has been for many years a Hospital for preign teamen at Maine. Previous to my arrival in China respectable Parsee to Merchant, of the name of Heer jethog

а

Ruston jee, generously gave a donation $12,000 to aid in supporting that excellent

Institution and as it was decided that it

should be removed to Hongkong [ or other British Settlement on the Coast of thine",

granted a piece of

a piece of land for a site for the buildings, but have not hitherto contribute.

in any degree on the public account to its

crection of maintenance.

Your Lordship will,

find

zn

In closures

2:52 6 of Capt Elliot's des pritch [ as Chief Superintendent ] of the 26th of June 1841, to the that the fullest information

as

objects of the Hospital, and also regarding Mr. Herjebhoy Rustomjees donation, of which, I understand, $8000 have been already expended.

On the 1.!t

of August last, I receives a Setter from Mr. Anderson, [ whom I

have

تومان

{

have since appointed to the situation of (olonial Turgeon) announcing that the Hossital was ready for the reception of patients. Of that Letter I beg to submit a

3. copy as published under date the 3? of that month, and likewise a Copy of a further notification dated the 16th of the same month. defining the rules to be observed with respect to the admission of British Merchant Seamen into the Hospital.

to

Since then it has become necessary defini zules for the nicharge of unemployed [or in other words destitute )] British Seamen from the Hospital, and the inclosed Transcripts of a Letter & its accompaniment

to Lient my authority

under

addressed Pedder Rh, Wthe Harbors Master &

magistrate of this Colony, on

Marine

the you mist,

will inform your dordships how that matter has been regulated.

as

I must that H: M's fort will approve reported, as for a of the arrangements now reported, they go,

but I repeat my conviction that something wither will be bound to be

recommend

indispensable, and I respectfully the following points for consideration.

ди

1.

that the right to discharge

British

حی

4

British Seamen is China, under =stances, or by any Authority, whatever,

be entirely abrogated.

any

should

2. That the preceding sale should be made applicable to all persons serving

on board

H: Mis or the E. J. Cys thisor ofWar.

serving

in H. M's or the

3. That when lessons to fered for a limited.

E. 9. C's Ships of War are

time, and that time may expire whichst the перев is on the China Itation, the persons entitled by their agreements, to be dricharged, should, unless they choose to re-enter, be sent to England at this public expence.

4. That when seamen are entertained. in India or

elsewhere [out of the United Kingdom] whether on board H. This or the 2. S. (ip Thips

Cys of War, or on board Merchant ships, that They should be sent back to England or the place whence they were brought at the

purki Expence in the former case, and ot the expence of the burners or Consignees of the Vessels

22

the latter case.

5. That when seamen from Merchant Vessels have been sent to Hospital, and may not be pot to return to them duty when the Vepel to which they belong thate be ready to depart, the should not be allowed to sail until ample provision is made for

or

for the support and maintenance, as weld as eventual transmission tolugland elsewhere, of such seamen, and that in any case when Vepels may Landestinely depart, the Consignees or Owner should be held responsible for all Expences incurred in supporting such seamen, and likewise in

or to the sending them either to England, Port at which they were shipped by the Apel that brought them to China-

6 That if any master or Commander of a British Merchant leppel, that bring ang British Merchant Seamen to China, on any polen or pretence, but without enterting him on board such Vessel, the Master of fommander, or Owner or Consignee, shah be held responsible in the same degree with the said British Seamen had been regularly Shipped and entered in the Vepels Books. 7. That all the preceding rules, and

this

such others as

be established on

a summary

may subject should be, as far as Merchant Seamen are concerned, enforced by proceeding before any Britiol Instice of the Peace, whether such dustin of the Scau

shall be in St. In's Service or not.

Arthi

33

#: this fort with understand from the preceding enggestions, that my plan in to altogether prevent seamen from being discharged in China, and the nature of relations with this Gout appears to me to demand that such should be the Law. The seceforty for the Rules being made applicat to all persons serving in thefer of War, from a variety of cases, occurred to me, and has been more particularly forced the recent discharge.

on my

attention

by

has

at this place of the whole of the (rear of H. Mis Surveying Vessel "Starling" which repel has just been condemned & vold.

As that part of this despatch regarding the establishment of a Seamen's Hospital in this Irland is necessarily in some degree connected with the Colonial dept I shah be much obliged by your Lordships directing that a lopy of it may be forwarded to Lord Stanley, whom I am about toaddelf regarding an extension of the advantages of the Hoopital to all Bütick tubjects.

I am

(signed) Henry Pottingen

رحمة

i

GOVERNMENT NOTIFICATION.

With reference to the Government Notification, Red the 2d instant, announcing the intended early troduction of the provisions of the new Tariff and gulations for Trade at the remaining four Ports China, which are to be opened by treaty to oreign Cominerce, in addition to that of Canton; nd adverting to the great increase of intercourse ith, and resort of shipping to, China which may be pected to be the result of recent arrangements, as ell as to the necessity for strict and defined Rules hich springs from the arrangements, and more rticularly from certain stipulations which have een entered into between the High Contracting owers and inserted in a pending Supplementary Treaty, which will hereafter be published for gene- linformation, His Excelleney, Sir Henry Pottin- er, Bart., G. c. B, Her Britannic Majesty's Pleni- tentiary and Chief Superintendent of Trade &c. China considers it to be his imperative duty to the special attention of the Masters, Owners, d consignees of all Merchant Vessels, whatever ay be their class or description, sailing under Bri- h Colors, that may be at this time in the Seas, or aters, of China, or of Her Britannic Majesty's olony of Hongkong, or that may hereafter enter ese Seas or Waters, to the Law relating to Mer- jant Seamen as laid down in the Act of Parliament the 5th and 6th William tire IV. Chapter 19, ssed in the year 1835, and commonly called

"Sir mes Graham's Act."

in thus calling attention to the above described of Parliament, Her Majesty's Plenipotentiary Chief Superintendent of Trade deems it advis- to append to this Notification a brief Memoran- Showing the Penalties attached to certain

breaches or evasions of the said Act which have heretofore been of frequent, and almost daily, occur. rence in China, and from which much trouble and serious public inconvenience have resulted ; and to notify, that all Consular and other officers of the British Government in China. to whose duties it may appertain, will be instructed and authorized to summarily enforce the said Penalties, with regard to all Merchant Vessels, under British Colours, from and after the 1st day of December next in every instance where they may be proved to have been justly incurred; likewise that His Excellency the Naval Commander in Chief will be requested to is- sue the necessary instructions to the Captains and Commanders of all Her Majesty's, and the East India Company's, Ships of War and Steamers now, or hereafter, serving on the China station to aid and assist the said Consular and other officers in enforc-privity of Consul, twenty-five pounds.

Refusing to give certificate to seaman, without sufficient cause, five pounds.

Neglecting to make a return of the crew, extract- ed from the Muster Roll, twenty-five pounds.

Neglecting to make a return of the crew of vessels lost or sold abroad, made up to the time of loss or sale. twenty-five pounds.

Forcing on shore, and leaving behind any one of the crew, at home or abroad, punishable by fine and imprisonment.

ing the said Penalties, on receiving an official appli- cation, in writing, to that effect.

It is further notified, that the same rules are to be deemed applicable to the Ports of the military Posts of Tinghai (Chusan) and Koolangsoo, so long as those Posts may be garrisoned by Her Majesty's Combined Forces.

His Excellency the Chief Superintendent of Tra- de, &c, is also pleased to determine and declare, that when Vessels incur any af the Penalties and quit China before they can be enforced (in the case for instance of leaving any of the Crew behind, or discharging, or Shipping, Seamen without the sanc- tion of the Consular officer) the Consignees, should there be no Owners, of the Vessel shall be held re- sponsible, so far as the Law will permit; and that in every case where the Consignees may not be consi. dered to be legally responsible for the Acts of the Master of any Vessel consigned to them, the most decided steps will be taken to have the penalties, with all attendɗfit expenses, enforced and recovered by the proper Courts of Law, whether the veseel may belong to, or be found in the United Kingdom, or India, or any of the Colonies subject to Her Ma- jesty's, or the East India Company's Government.

Her Majesty's Chief Superintendent of Trade, &c. in China takes this occasion to further notify, that he has received a representation from the officers of the Government of China regarding a practice which is stated to obtain amongst the foreign ship- ping at Whampoa, of throwing stone and other descriptions of Ballast into the river at that an- chorage, and as such a practice would be likely to be still more dangerous and detrimental to the anchorages of the Ports of Shanghai, Ningpo. and Foochow foo, it is accordingly positively prohibited, as well at those Ports as at Whampoa; and Her Majesty's Consuls are hereby directed, enpowered, and authorized to fine the master of any vessel, under British Colours, that may be summarily cou- victed of a breach of this Rule, in a penalty of not less than ten pounds (£10) and not exceeding twenty five pounds (£25) according to the circumstances of the case. All masters of vessels who may have Ballast on board which they wish to get rid of, or who may require Ballast from the shore, are direct- ed to report and apply, to the Consular officer on the spot, who will have a convenient place fixed ou and pointed out, in the former case for its being de- posited, and in the latter from which it may be re- inoved.

By order of His Excellency Her Majesty's Pleni- potentiary and Chief Superintendent of the Trade, &c. &c., in China.

RICHARD WOOSNAM. Dated at Macao, 4th Oct. 1813.

MEMORANDUM,

Penatlies Liable to be incurred by the Masters or Owners of Vessel.

For carrying to sea any seaman without first entering into agreement, for every sucli seaman, ten pounds.

Neglecting to cause Agreement to be distinctly read over to each seaman, for every such neglect, five pounds.

Neglecting to deposith Collector or Comp- troller of Custom a tru of Agreement, or de- positing any false copy pounds.

Neglect or refusal to pay wages when due, forfeits two day's pay for every day so neglected.

Refusing to make immediate payment of wages when due, without sufficient cause, five pounds.

Discharging seamen abroad without sanction of Consul or other functionary, punishable as a mis- demeanor.

Neglecting to deposit Agreement with British Consul or Vice Consul on arrival at foreign port, twenty-five pounds.

Shipping seaman at a foreign port without the

Neglecting or refusing to produce Muster Roll and Agreement to any officer of any of her Majesty's ships, or to the Registrar, or any of his Assistants, offence, fifty pounds. or any Collector or other officer of Customs, every

Penalties Liable to be incurred by the Seamen, the amount of which may be stopped out of Wages due. Refusing to join the ship after signing Agreement, or absenting himself without leave, forty shillings, or thirty days imprisonment.

For temporary absence or neglect of duty, to for- feit two days pay for every 24 hours.

Quitting the ship without legal discharge, forfeits one month's pay.

Absolute desertion, forfeits all wages, ments, clothes, and effects, on board.

emolu-

N. B.-The Master on his arrival at any Foreign Port, where there shall be a British Consul or Vice- Consul, shall deliver the Agreement with his Ship's Crew, to such Consul or Vice-Consul, which shall be returned to him before leaving the Port.

34

Copy

Houghing. Hoverops,

From Sir Henry Pottanger

20.152.

4 Inclosures.

in

re

to

ΤΙΣ

Gi

ur

or

hc

of

te

to

in

of

lo

be

T

in

VE

th

at

W

}

ol

cc

al

ac

VI

tk

el

SAROS (c) Ö ́ ̈ ̃ Ä Äk

si

p:

Copy.

h

Macao. Aug. 1/43

4

RECEIVED

it advisable thach G:

Deeming it

#XB 15

1844

35

4. G. E. Should be informed of the progress & general arrangements of every public institution within the limits of your purisdiction, by denie of the Committee of management,

for the Seamen's Hospital I have the honor t intimate that the Building erected upon the ground taghing granted by for: for a Seamen's Hospital in is now ready for the reception of patients.

There is accommodation for about 50 Seamen convenience for the comfort of & Office in with

every the sick, and the excellence of the situation affords good prospect of its proving highly advantageous to then speedy recovery.

The terms of admission will be for Officen $1-50. and for seamen $0-75. per day, including board & lodging, with thedicines & medical attendance. I have also to acquaint G: 2: that the Committe have accepted

ted the offer of gratuitous medical attendance from Dr. Young, who will

the

assume the

dutics of Surgeon to the mistitution; and besides

regular & careful attention to the Patients within the Hospital, he will

he will give daily

attendance,

Sundays excepted, between the hours of or

and

Ser Henry Pottinger

and 9 a.m, when out door Patients will receive gratuitons adouce; the charger fors

medicines to out door Patients with be

moderate, and the receipts be appropriated to the support of the institution.

I have also the honor to intimate to

3 : E : that the Hospital, for Fegi Seamen in Macas with be closed, and no

Patients admitted after

I have to

this date,

(Signed) Alex: Anderson

More

By order of the (omm" of Management for the Seamen,

C

стру

Government Notipiation

274

36

H: E : the fovemer si pleased to direct that the annexed typy of Letter from

the Surgeon

265

charge of the therchant teamen's Hospital, and the Rules, thet have been laid down in consequence, forr

to the

the admission of seamen belonging British Merchant Service, into that inititution, be published for general information and

8 guidance By Bder

Ogned) Richard Worman

16.1043.

Hongkong.

Aug.

Copy

Hospital.

for;

Merchant Seamen's Hospital Victoria 14 Aug. 143.

may

With reference to such Persons as apply for admission to this Establishments on the plea of then benz bistre ford British Subjects, if with be necessary

a wutten request

that

they present a written

for admittance from some Person in

To R. Worsnam Ey

Authority

he

Authority, in order that the fort may held responsible for any expences thereby incurred.

have the goodness to inform the, convenience, who are the persons anthonged to sign sach requisitions

Wile you

at yout

I have to

(signed) Peter Gones sorgere.

Hees occasion

Bread an

seaman on

Rules to be observed until further Order for the admission of British Merchant Seamen into the Merchant leamens Hospitel at Honghey. 1. When the Master or other Person in charge of a Vesel other individual under his authority, to the Merchart seamen's Hospital, the said master or other person, so to apply

in the first instance to the Has bour Mather and Marine Magistrate who will refers the case to the (beting) (olonial Surgeon; and should

a proper the latter Officer consider the case a

one

for admission, he will certify accordingly, and send the Patient to the Hospital.

2. In all cases coming within the preceding rule, the Harbour Master will obtain an a acknowledgement in writing from the thaster of Person sending the Patient, or failing them, from the Owners or Consignees of the Vessel, that

his

f

!

his expences whilst

according

37

whilst in Hospital with be paid to the scale published in the Hongkong

Gazette of the 10th dust.

3. In cases where destitute (that is unemployed) British seamen may apply to the Harber tarter & Marie Magistrate the admitted to the Hospital, that officer is, in addition

1]

to referring that cases [as laid down in hale to the [Acting Colonial Surgeon, to ascertain all particulars regarding such applicants, according to a form that with be furnished for his guidance варот and to submit those particulare, together with the [ Acting ] Colonial Surgeon's opinion, for the information & commands of fast, it being oborously requisite & proper that street. & precautions should be taken to prevent & the Gropital the benefits of admission

beng abused, and that excellent mistitution anverted into a retreat for idle and worthless cherracters.

4. In cases of sudden & oboron's emergency any of the above rules may be dispensed with, either by the Harbor Masters Thame Magistrate or by the [deting ] Colonial Surgeon, nutil after the Patient shall be sent to the Hospital with a hoto addressed to the surgeon in charge and "headed "Emergent" "By order

(signed) A. Worsh

Poppy

1.102

Hongkong, hov = 1/43.

RECE

1844

Tam directed by #: 8: Sir H. Potting & Fo acknowledge there to

the

кордоно

X

seller of the op

38

last month, in which you stated thep a Seatran called Peter Sniclave, then in the therchant seamen's Hospital had been reported fit for duty's regnected to be motracted whether be was to be discharged immediately from the Hospital and if to dischargin whether he was to receive the allowance of a distresser and destitate: Bütish Seaman, nutil he could provide himself with the means of onbreitences.

your satsegnent letter dated the 6th mistant, stating that the above named senman had got a Verta on board a ships in the Harbour has likewire, beew

the recewid, but 4: E : thinker it a doriables & lay down the following rules by which you can regulates your proceedings in all future similar cases.

There rules with a Copy of this Letter will

ひと

likewise be published for general information and guidancer

counte

for will of distinctly understand thick the hule, now laid down are not in any degree to interfere with those promulgated on the

on the 16th of Augar

(trof

last respecting the admission of seamen to this merchant beamen's Hospital.

I have do

Sedder Sz 8.K.

C

Angkus.

(Aigned) Richard Warrnam.

was bour Master & Marmer Magsstrate.

Rules

3.

сора

In Sir H. Sottungers

hu 152

1843.

Aules regarding the dichage of destitate Bichich

the inerchant Seamen's Hospital,

Seamen

pone

1. British Merchantreamen may, for the sake of more strictly defining there rules, be considered to be of

have been serving two classes, viz't those who

may

on

4. board these direct from England _ Those who may have belonged to Vessels in the County, Colonial, or Courting Finde.

2. When a Seaman of the former class shall have been sent as a destitates Seaman to Hospital and is fit-to return to her duty, he shall be ordered on board

перев

the first refsel proceeding to England agreeables to the- Act of Parliament, and a Memorandum of the Expenses m'curred on him sent home, to be recovered from the Owners of the Ressel in which he was on

originally shipped.

belong

up to.

may 3. With respect & those Seamen who

case, that- to the latter class the expence of all may now be in Hospital or that may occur the first of Dee "next will be borne by the goot, but as from that day the penalties for breacher

of

the therchant Seamen's het are to be enforced, is announced in the Goot notification of the 4th

The Master, of be

br. pr. 1843, 30, in like manner, Owner or (on signee [where the Law with admit]

of the last repel from

Seaman may

destitute

which any have been regularly discharged

or left behind on any pretence, whether al

Hongking.

1

Hongkong Macas,

3.9

China,

both bramy or any other place in June,

wild boheld responsible & obliged, by a summary

signing and proceeding, to pay all Expences incurred on such Seamen, and without reference to

have served on

the period that he sach last vessel.

may

on board

Marters, Owners, and Consignees of all Vessels, wile therefore understand that i'addition to the Penalties laid down for infractions of the Merchants Seaman's heat, they will further be obliged & pay all expences of men whom they

Mischarge, and who found destitute, or who as destitute Seamen.

may

be

may afterwards

be sent & Hospital

may

4. Mi

order of H: E: H:Ms (Keef Sup" oftende

Вундет

in Bena.

(signed) Michard Wornam

>

4

20.152 of 1843.

In For Henry Pollinger's

i

40

FEB

.0.

11 Hergegn Office

1844

February -

241844.

Jam decelled by the Earl of 22

to hansmet to you the accompanying

the Dunich Minise,

a

Copy of a

Asses from.

at the fourt requesting.

to the British functionar

a recommccedation

in Chma in

favour of M. Hanson Governor of the

Danish popepions in the East Indies, and Sam to request that you will s

the

same before. Lord Stanley and move. hisum

The should see no objection,

win of he should see no

to cause & Hausen to be furnished with a accommendation to the Governor

of Hong Kong. -

sames Hephen 54.

Lami

hi

Gourmort obedient

humble rewant

bening.

Copy

*

topice.

Meydard,

341 Hong

donde

\

de

hon Gonre vieidi в

intention d'envoyer

1844

2.2.1

41

d7 Revrier 1941

niformer de von

Chuire Mr. Hanson,

Conseiller d'Etat et Gons: des popepsons Danoix,

aux

Inder bruistales, pour y

exacts

cnciller des

е

l'Etat actuel de

vensciqueneus

Commerce et de las navigation de ce pays

et pigeant, que rin ne pourrait plus

à lui failiter cette täcke que acmeil et l'apistance des fonctionnains

contribuer

le bon

Anglais

aux

meme Gouve

divers Ports de lathrine, ce

in 'a chargé de rolluiter-

la bienveillante entremture de V.d. à cet.

Dans le cas

que

V.S. voulûch brein,

ave

la bonte habituelle, accorder l'objet di

devin

lui

en

me

viens d'avoir l'honneur de que je

exprimers i

Elee

M

' oblegerant infiniment

Elee faisant connaitre, si tee voudra faire

expédier les recommandations désirées par

voie

directe

aux

en Chine

employés de Lite Britque on si Ille juges à propos de

M. le Comte d'Aberde

Me

да

are

les adreper po-

pour

que

je

les transmette

πνιγ

le ponich de

à Mr. Hansen qui est sur

quilter tranquebar pon

ronte

Je prie

&

(siqué) Neventtons

se mettre

Ес....

ރ

Entered

1. March 144

42

"literes Hampling, Manda por 2 I. F. Davis Ery Sin

16 N.

1844

Forwarded by FEBY Mr Murdock 29.

Stephen 29

M"Hope

Low! Stanley

70. letter 924

Jet 744

Japril

t

herewith the Copyop a

letter which has been

the See: of State

addressed to than of

for Wiche Aftains

Me Danish

Stacks & Mincester at their faut requesting

an introduction

to the British authorities in shine in favor of M Sanson Governor of the Danish Pope pions in the l. I. I have toregunt that if Mr Hanson should visit Hong long you with as governor of that

Colou

Estered backin

Those attentions and

that apistance which his station and the friendly relations subsisting

between his Godt and the Gortandte

would

of Great Bonitair quall Entitle him wespect.

Change

X

f.

---ייר

Copy

count Revellow

Jebruary 17. 104 ?

4.3

:

:

1

?

f

*

212.

17

L-

;

یکی پھیکی

44

ما بله

Sir,

I

али

to kausunt

RECENTED

MAR 2

1344

Foreign Office,

directed by the Carl

herewith, for

Љ

you

March 1.1844.

the Carl of Aberdeen

Ju

ltim

Copy of

information of Aud Stanky

the General Instructions which this Lorithipe

has as

to W Dairs

addrefed prounding Toshina to

Office of

hit

a

the

to apume

thee Majesty's Mimputentiary and

Chief Superintendent of British take.

Gerget. Hope Gage

Sam, sii

You

most obedient. humble servant.

All Addington

45

והח

*

hr. 4.

366 Hongkong bacige Offence.

to isme

RECENS

MAR. 2

XP.

10/46

"The Common's which Her Magisty has been pleased

on the occasion of your proceeding to China, and the full power under the great seal which It. Miz has likewise granted to you,

to you, and which are severa

ally, inclosed in my despatches WP ! 1.2 and 3, of this date, confer upon you full and sufficient authority for the execution of the duties which will devolve upon zon as It: Mi's Plexipotentiory and theep Superintendent of British Trade in China.

you

to to

By the first commifsson which has beca isoned to you in

Powersbested pursuance of the Powers vested in the (rown by the Act of the. 3 2.4" Will : 10 : cap 98, Her My has apposuted to be theef Superintendent of the Frade of the subjects and from the Dominions of the Emperor of thma for the purpose of protecting & promoting such Trade; auditer thy

Emmission has like wire, in pursuance of

by

the same

the Act of the 6 & 7 Vect : C:80: made provision for thes event of a vacancy occurring

recurring in that office.

Roy the second Commission which has been issued to you in puronance of the last mentioned bet of the 62%. Vict. c. 80, Her My has been pleased & confer apson you long as you in your character of Superintendent, and so

shall also be Governor of the Island of Hongkong, to which office you

have been appointed by an Instrument which

the

дол

will receive from the Secretary of State for (lomat dept, power to enact, with the advice of the Legislative Council of that Island, all such Laws and brdinances as may from time to time be required for 5. M's Subjects The peace, order and good government of it.

being

J. J. Davis us

Kh

K

я

:

i

on

being within the dominions of the Emperor of China, being within any Ship or Vessel at a distance of not more than wo miles from the coast of China, and to enforce the execution of such Laws & Ordinances, by Penalties & Forfeitures . By the Fall Power under the Great Seal you are an

anthonzed. to heat of and arrange with any I. §. appointed by the Emperor of China, any matters which

may come into discussin between the Two frowns.

In addition to the Powers thus simparted. to you by specific instruments, the superintendence & Controul of "all It : M's Consular Servants in China is vested in your

and

cover authorized

are morcover a

an

Lands;

under the restrictions to

you limitations which you

"you will find recorded in various des pettes from theirs Office which will be made over to you by your Predecessor, to exercise a certain degree of contionl

M

over

will

f

state of

4: 92's Naval & Military Forces in the Cena Peas.

The several powers which I have ennenerated enable you, I conceive, smply to provide for any things that can be expected to secur in China; and it: Mit Goot trust that the confidence which they manifest by

degree of authority comprehensione conferring upon you a degree of

more

in extent and more unusual in character than is

an additional inducement to

that their

ordinarily imparted to any Seronent of the Crown, will be

you to prove confidence has been well bestowed, by the judicions and moderate manner in which that authority is cxerased.

You have had the opportunity of persing the whole ace which has passed between this Office of the correspondence which has passed

and

you

your

Predecessor during his residence in China, and

have

seen both the nature of his transactions during that period, and the news of it: Mis fort upon The several points which have from time to time been

submitted

47

submitted by him for their decision. It is therefore only necessary, that I should lay down some general principles by which it: ti's just would desire that your conduct should, as far as posible, be regulated.

I need scarcely state to

state to you in the outset that the only

Li

commerce which it. His Goo? would desire to see maintained with: China, is that which shall be strictly legal and consistent with the Treaty engagements & ubsisting between the Two (guntries. All other com merco which British Subjects may attempt to carry on with the inhabitants of [hena, it will be

to dis-

e your duty : countenance to the utmost. Witte regard however to legal commerce,

It: M's foot would wish you constantly to bear in mind that it

11

Cause

but

likely to flourish in proportion as it is allowed to develope itself unfettered by minute regulations, and untrammeled by official interference. It is true that the peculiar & character of a

our intercourse with (hina calls for a certain degree of impervision on the part of British Authorities, the principle by which that supervision should be regulated is that of preventing ang of discussion or dissension arising between the Bictish Traders and the Chimère authorities, at the same time that the rights & privileges. former, by Treaty, are steadily upheld,

steadily upheld, and secured from disregard or interference

the part of the latter. It. M's foot

are aware that there has been much in the commercial intercourse of British Subjects with China, especially of late gears, which will require to be amended before

nce on

secured to the

the

serious

laid

a-

trade between the Two Countries can be expected to assume sound & healthy aspect, and the apprehension of ser misunderstandings with the Chinese Authorities arising out of attempts to persevere in a vicions system, entirely aside. Much formness, therefore, will be required on your part not only as regards the Chinese Authorities, but also

to act with a's regards British Subjects; and to enable gou

promptitude.

84

promptitude and effect as regards the last the unusual power of legislating for the goot of British Subjects in China has been delegated to you by the (rown.

must

The manner & the extent to which you

shall exercise. this power will be matter for your most serious consideration. You vite derive valuable afscitance in this respect from the Legal Authorities connected with the Colonial foot over which you preside; and the only general principle which I would wish you

to bear in mind is that you are dealing with British Subjects to whom, from education & social habits, the exercise of arbitrary power must n

st necessarily be most repugnant, can only be justified by extreme necessity. I do not an teripates that any occasion is likely to arise in which you will find it adverable to negotiate & sign ang formal mistrument in the shape of a Treaty, in virtue of the Full Power · with which you are provided. The Treaty of Hanking, with the supplementary Treaty, the Teftion Articles, and the Furiff, which are severally to be takon as part of the first named Treaty'; appear to comprehead every topic which it is requisites,

requisites, or which

and therefore.

to

it would be expedient to record in a formal instrument, and

be doubted whether it would be advisable to nicur

it may

the risk of sunning

counter to the long received prejudices of the Chinese Gort by pressing upon them, without some overpowering necessity, a renewal of discussions and negotiations, which might -even tend to weaken the effich of those which have been happily, and most skilfully

been brought to a close by your Predecessor. The main pornts for the regulation of intercourse between the Two Countries on a fuendly footing have been adjusted, and minor points which may occasionally arise will, doubtless, be susceptible of arrangement by a simpler process than the conclusion

of distinct Treaty. But as unforeseen emergencies may

a

occur,

occur, and as moreover crcumstances do not admit

H:

48

of

a

diplomatic agent being accredited by It: the : to The Emperor of Elina, in the forth usually adopted a mong Europena Nations, it has been thought advisable that you should possess some instrument

at of Authority under H: Mh's dignature, empowering you with the Chinese Ministers, upon which, in case of necessity; you magclixen to act.

i

to break

are invested

It will be proper that as soon as possible after your absumption of Office in China, you should communicate the fact of your arrival to the Chinese Authority whom Sir Henry Pottinger may point out to you as the one to whom such a notification should be a dressed; and you will request that authority to make known to his Goor that you have been appointed by the Queen to succeed Sir i4. Pottinger in the several Offices China, and that which he has held in China,

you with the same powers, and animated with the same disposition s your decdecessor, to promote friendly relations between the Two Countries. You will take advantage of the same opportunity to intimate; to the (henere Gout that Her thy has approved of the Supplementary Treaty signed by Sir 4. Pottinger at Homun- on the 8th of Bet" last, and that Iter thy will be prepared zatify it, in a manner corresponding with that it may

have been ratified by the Emperor of Chence

this Country .

A 1

Chai,

to

tu za

the Original Treaty arrives in

you

in

which

As soon as

ассим

to-1

In all your intercourse with the Chinese Authorities

with make it your

constant endeavour to impress them with a conviction that it: this Goot most earnestly desire,

of difference should hereafter disturb the harmony between the Two Nations. Gon profess your readiness to cooperate with them, as far circumstances will permit, to ensure a

a faitiful observance

that no cause

wil

as

by

וי

by British Subjects of the laws & customs of the finèse Empire, and of the regulations which have been laid down for their commercial dealings, but you will at the same time ponit out that all efforts on the part of Burtish Authorities will be ineffectual, unless the

men within

has

L'amèse Authorities, on their side, exert themselves to controne the conduct of their own people; and that their power of control. si more case of application and more likely to be effectual in operation than any which can be employed by British Authorities, however desirous these last may be to keep them cona

on atymen proper bounds.

"I do not think it necessary to enter at any length on the subject. of the Opuim Trade, as the Sec of State for the Colonial Dept: already fully stated to you the opinions and wishes of it: Mis fort on that matter. As far as the discussions with the Chinese Authorities are concerned, they have terminated, according the inclosures of his &. Pottinger+ Desp. h. 143, of the 4th of Noor,

hr p: in a statement, on the part of the former, that they were unable even to discuss any further at that time the question of legalizing the importation of Opinn into China on payment a moderate duty, and by a declaration, on the part of Sir Henry Pottinger, that notwithstanding all the measures which he has taken to prevent any illicit trade being carried on by British Subjects

in the Ports and on the Coasts of China, the Chencre for : can alone effectually put a stop to such practises by imposing sufficient restraint upon their own subjects. Revertheless, It : M's foot rely upon your taking advantage of the Chinese Govt to adopt any favourable opportunity to urge a sounder policy with respect to this question. It cannot fail to be a continual source of embarrassment to all parties as long as it is allowed to remain in its present state; and whether the main ground of opposition to legalizing the trade exists in the personal sentiments of The Emperor,

of

in

or

49

still

in the intrigues of thencie Officers who find their profit in the continuance of a smuggling hade, an

opportunity may present itself, which, if judiciously taken advantage of, may enable you

- come the scruples of the Sovereign, or to expose

to over con

Overcome

a

the fraudulent practices of his adherents, and thus get rid of system pregnant with so much dangert so thoroughly demoralizing unfortunately prevails.

من

that which now

to have

The functions which It. M's Consuls in China will be required to exercive are of a very peculiar character, and will call for the exertion on your part of unrema

your part of unremitting superintendence, and controal. It will in some respects be convencent to

you to deal with the Consular system in China almost from the commencement, so that you will be able to lay down such rules respecting it as may appear & you most cuitable to the π circumstances in which the Consuls will be called upon will of

course

upon to act. If

be desirable that the general sales for the guidance

of It : M's Consals should be adhered to as far as possible; but the new duties which will be imposed upon the Consals in China will require new rules, especially as regards the exercise of jurisdiction over British Subjects. The practice in this respect which is observed in the Levant, will doubtless be applicable to China : and the main question for your consideration will be how far it may be expedient

expedient or necessary to empower. the Consuls to proceed in the adjustment of (ivil Differences, or in the repression or punishment of Criminal offences, arise within the limits of their respective districts. One thing must always be borne in mind th dealing with the last description of cases, namely, certainty rather than severity of punishment, is to be

which may counted upon

in most of the cases before the Consuls, as likely to produce a saluting effect. It will be your duty to cause the Consals steadily to keep

which

may

come

that

in

02

T

are

in views the wish of St. Mis Goot that all It: Ms Servants in China) should conciliate the good will of the Multiorities and People of the Country. They may effect this object without any sacrifice of the interests which they specially appointed to protect, and -although in particular cases the performance of their duty- may be unpalatable to some British Subjects whose irregulariter they may find it necessary to check, it cannot be doubted that the general advantage of British Trade will be best consulted by proving to the Chinese foot that it's progress extension are compatible with respect for the feelings and opinions of the nation at large.

are enabled, to a

x

I have but little to sag on the lust description of authority

you bested in you, namely that by which, certain degree, to controul It: 44's haval & Military Forces in the China Seas. I rely upon your bearing

in mind that the

afsumption of a right of interferences in matters of this rature, on the part of a (ivil Servant of the Crown, is likely to be viewed with much geulon my, & dir like, by Officers who are subject to it ; while the same Officer would most cordially afsit in carrying out

at the wicker of the (ivil Servant if presented to them in a manner

less repugnant to their will. I ・ you professional feelings. Bearing this in mind doubt not, find the utmost reading ss on the part of

р the naval & military commanders to cooperate with you on all occasions; and the advantage which must result to the Public Service from the perfect harmony of the (ivil, haval, and Military Servants of the (rown

in so distant

in and

a quarter of the world, and under circumstances of so

you peculiar a nature, wile, I am sure, weigh with

to spare no pain's to ensure, unanimity of

of action among

induce you

feeling and of a

those who are called

проп

t

upon

50

to act in concert for the promotion of the Public interest . Before I conclude this despatch, I will advert to some points on which you mang

naturally wish to be made acquainted with the ocvirs of H: this foot

I

се

should seek

First then, as regards more direct communication with the Court at Poking, of an instination should be conveyed to you that The Superor would demne your presence at Hei (apital, and if Air : Mis Imprchy should afford you suffercent assurance that you would be treated as becomes the Representation of the Lucen, and would not be invited or required to submit to any degrading ceremonial, A. M's foot would think it advisable that you should defer in this respect to the wishes of His Imp. My, and present yourself at His Court. But a further question may arine whether you Chewere to enter into direct correspondence with the Chinese Minister residing at the seat of goot ? If unreasonable difficulties should be raised by the Chinese Authorities with whom in

of things you will come in contact, and the ordinary course if you should think it probable that a direct appeal to the Imperial foot would be likely to bring about a removal of those difficulties, I should not consider the unusual character of the proceeding to be a sufficient obstacle to deter you from Laerug not lightly to be adopted and until our increased, ops intercourse with (hina shale have led to our policy be sing better understood and our motives more justly appreciated, I should think that it would be prudent to abstain, except under very pressing circumstances, from any attempt to

which if a direct correspondence with Peking, successful would probably be production of very

be to great in convencence. Gour object should always avoid advancing pretensions, or urging claims, which

e of of a doubtful character, or not admit

being

open

be

May

recourse to it. But it is a measure

H

Mi

any

being maintained by reference to Treaty engagements. Nothing must be so strictly guarded against as affording the Chinese Authorities opportunity for withholding acquiescence mi demands which you may address to them; but by allowing them to see that on some occasions they may evade compliance with frar wither without calling fort to such strong remonstrance as for would be justified in using while protecting against the infringement of Treaty engagements, they may be encouraged to pursue the rame course in violation of those engagements,

discussion. thereby give occasion to violent and

and

angry

The next point to which I will allude in the feeling of H: Ms foot with regard to the intercourse of other nation's with China . On this I have only to say that it: Th's foot have no other with than that all the nations of the world should have equal access with themselves to the great mart which the China success of It : Mis Arms has opened to them. The more

s

seen with

by

- brought within the pale of European (ivilization, the more extensive will be the benefits which will accrue to British Interests; and It: His fort have therefore peculiar ratesfaction the stipulation, so wirely inserted Sir. H. Pottinger, in the supplementary Treaty, by which the privileges secured to British Trade are the Trade of all other hations.

Finally

1 as

regards

freely

conceded ☆

the position in which, as It: Mys Plenipotentiary and (heef Superintendent of British Frade si (Lena, you stand towns to the Governor General of Sadie,

China,

GoemonGeneral I have to acquaint you that it is not intended that It : ? : should have any greater degree of contionl over you would result from the respectful attention with which you would naturally consider the wishes of a

important a trust as Functionary

in whom so

than

the

ad:

51

administration of the British Empre

of the British Empire in India is vested.

Fully

you write

of course keep the Indian good informed apson all matters of general interest, and you

will communicaté

preely with it on question's more peculiarly bearing upon the Trade which is carried on between India and China.

I am te

(signed) Aberdeen

M

31

***

7.0. Febr. 28. 20144k

2.4.

1

To Mr. Davis.

Сорот

firi

to Incen's Advocate, Atty & boliiful 5 March

284 trong long

RECEIVE

MAR.

18+

+

Foreign Office,

March 4.1844.

52

I am directed

by

to request

that

of Lord Stanley

15the Article of

The Earl of Aberdeen

You will call the attention,

the latter part of

to

• part of the

the supplementary Treaty

with China, of which a copy was trans= on the 12th of February,

-mitted to You

which provider for assistance being

given by the British authoritier in Hong Kong for the recovery of

of debtr contracted by British subjects with Subjects of the Emperor of (hine at

1

any of the Five Ports open to British Prade

J. W. Hope Reppo

You

*44*

53

•goodness to state

You will have the goodness

to Lord Stanley that the Supplementary

Treaty

has been subruited to the Low

Officers of the frown, who have not...

seen occasion to offer any

on

the

observation

stipulation above referred to;

and Iam therefore to request that you

will subruit for Lord Stanley's

consideration whether it will not

be proper to call the special attention of the Colonial Authoritier at Hong Kong to this provision of the

Treaty,

in order that measures may be taken by the Colonial Legiclature

for carrying

the same into effect. -

The attention of the Chief Superintended

will also be called to the

necessity of

communicating with the Chinese Auttonition

as to the nature

of

the Statements and

Proofs of Debts which will be deemed

by the Colonial Tribunal

he sufficient by

what

е

I by which claimer of this nature as

preferred by Chinese against Brilish Subjects shall be investigated.

Раш Jam, fir

Sir,

Your most overduet

humble ser.. in

Alle beddinghun

:

caprís

4 harch

equivocal" proo

22.

marked Driting

that they.

of the Law M

Excentive. Grot f

the San

Jultation

-7

༡༦.༢

I observe the the d

considered and afpt the 187 de

the farm how f

The Come & and there of the

זיי

oned in the Bux É.

to che i les done

devis ait.

ترکیتی

the Brillic thankies,

Chinese you

the Deblor

những động

tir

Lunied

Franciger the

will then

really it will. Theil.

creditos demanding payment __ the Zov". of the

Home

hd be authorized 5

лодого

Debli

fius

I that

11

Gathe

7.

S

The fathimit of the di

but in distensable I think to the

1. Count of the Sellement &. Juke

from the Chinese Gort.

Suit C. invertigate the

10

По

th

M

hor

on

themse

Carte

My

༩ཉ

ن

-63

the const erth to Plaintiff to presents the

if a indy

Align the Dellor in velite the trims 3 the

77

with

wwen motto of the Chinese Just co

chon in it to be defended to them

eigeon

29

absting

2

Party?

ay

Low J. the English

the yout fins a ceability

chenne,

and thad to the "God? order

at

not be attained all the ancholy

Effect of

ལོ་བ7དང དད ༡༧

int in the law to le

We at How Many

exp

Eis inderd

1

1-

?י י ך >

it-j

לי

42 24

ל 7

be de

und lie Yod. is to fretell what evidence the Corst 18.

t

بود؟

not inggeused, and I suffere

"

1 2 3 4 r

the Cowlo

This post is w.

We replem, Stanly thinks we ought art this law Apps. The Guntar

n

np yr y m

to un explained

7373

יי די

I. I. Davis Ery

S.11.

1944

17 Mundock 19

Fonwanted & MARH

M.Stephen

hope

19

ги

Lond Stanley 24

Li

24 March / 4451

I List Bollinger with Freals which was conclud)

of the Supplementary conclude

the Earl of Aberdeen affe

Cox

Ihave received from

the Chimero

ви

insioner

I rag Amiri theo with his Treaty you

of Foreign poling On the general questions the 8th of October last.

ur burdode

that

Cornlited

wilo

madhe une additive the rail of Aberdeen - but The saw spishaney receive mistinctions from

Pray

draft accordingl

I have alwred this to keir report

;

there is one

as consected with the

point on which

Я

addies you.

think Aring du f Godth of Hong Kong, administration of the

to

The 18th Arteile of the

15

Supplementary Treats

impores

220

The British

authorities at NongKong

461

22

4343

S

in the eaxes

there anticipated

the

the duty of investigating the clanners preferred the Chinese God! against British subjects. requires that when such

е

intr- and

clains are extablished the British authorities

should oblige the Defauller Debtor Exettle theme

or

meaus.

to thout most of his This is accobligation for the fr. lfilment of which wither the Cenitive God! the predicial authiont 2. Millong in lobe t responsible - and its semaines

to be determined in what manner the

If or this

the Godh or

timmt are Bacquit Stemselves of their responsibiting. It appears to AM God!

that to give effect to th...

55

provision of the Treaty

it will beinumbent on the kecutive authoritie, at

the

Hongkong upon receiving anapplications from Chinese God ! Officers, companied (the requisite statements and full proofs

al.

of the Debli sought to be recorded) tuistituto proceedings this the medium of the littony General, or other public

Officer at Stong Kong, for the humpose of investigating tvclaimer before the legal Feiberals, and if the claime,

andis should be established to

Cause the proup of the fouch Whe put in force, with the diew of obliging the Defaultin

orkeaton Wrettle them to the ntucort of his

his means. If it should befoured that the existing dawsare

ar

insufficient to enable the Godt begive sureffect to the stipulation of the Freat, it

Mit a

will be neusny herd Land should be paped

for that purpose I weal degislatione jiuch way wegker

the

the

to facesetate & Mover lebth and

of

which should be

Enforce

to

the surrender of

lae de flor

the

he property of in satisfaction of demands against him,

2

no

a

айд

default there of tumprison

his person for a longer or shorter terme, according to the circumstance, of the

Care.

haver

4.

W. 175.

desp

RECEIVED

C.O.

MAR 1+

1844

Foreign Office

March 13. 1844.

в

Lord

56

am directed by the Earl of Aberdeen transmit to you, for the information of d Stanley, Copies of a Despatch and its inclosure, received from Sir Henry Pottinger, respecting the rate of exchange at which the Salaries and Expences of the (hief Superintendents and Colonial Establishments in China shall be paid.

A Copy of this despatch has been & transmitted to the Treasury from this Office.

Sir,

G. W. Hope Ur

Le Ke

I am,

most obedient

Your mo

humbleServant

Alle beddington.

End

Ji

J. F. Davis Log in

}

12.

Formustel to the

e

8* Mundoch 27 MBSR Ton 21

20

201

вор

28 March /4457 Lie A. Pottinger

having reported to the Earl of Aberdeen that le

at-4/4 hadfixed at 4/4 the balice of the Dollar in the pragment of the Salaries anderpenses of the Chich

Superintendents and

Colonial Extablishmenti

in China, Shave to

んこ

convey to youth my

сай

approval of that arrange. ment as far as the

Colony of Nihong

is

concerned, and trequest

That

wih not allow

зан aug atteration of their rate without a previous reference to, and a disturel sauction from MMcGoo!

Mavere

i

1

3

#

$

88

58

..

}

ཤ t

may be funt by

Ly

supine that.

sie der tires,

we chall

the subiect, and that in the meantime,

the

むき

}

{

المالي وقدم الكرة

Copy

Ć.

2.195. MyLad,

جرے

korj

in 450 Hory Roxy

Hongkong. Scc 23/43.

59

HENR. 14 1844

I have the honor to fourned a Copy of a

themorandum on

tee

subject of cechange drawn up by int Stewart, and have in consequence fixed 4/4 per dollar is the rate at which the Salaries and Expencer of the (he e f Superintendents and Colonial Establishments shall be discharged pending. Instructions from H: Mi Gor?

mi

I beg your Lu&ship will do me

the favons to have

ае

copy of this despatch with its incloure communicated to

Lnd Stanley.

I have &c.

(Signed) Henry Pollinger

The Earl of Aberdeen IJ

:

¡

06

-------------;

Copy.

Memorandum

b

in 4500lox.

RECRUD 60

0.0

MARTE

21

་ ་་

With reference & Sord Aberdeen's Berpatch h:60 of the 6th thay 1843, in which His Lordship directs that for the future the expences of the Superintendente Office, and Consular Estabte are to be de fraged from the Funds received from the Chinese fout mistead of by Piells doawn on the Lords (om ons of It: Wh's Freasury, it with be requisite for 4. §. to determine the rate

G. at which the Zollar ti to be issued, particulasty to those Officier of the former Dept whose salaries are established in

Inne

Sterling money, and hither to pard by Bills England, which they disposed of at the current rate of Exchange. This in

17h

в

at

present be quoted at 4/2 @ 4/3 per Spanish Dollar; and Mexican and other Prepar

ablecan

collars, which are at a considerable discount, have been obtained by

me in Exchange for Goot Bills at 4/14 . Ther rate sinnamally. low, and probably will not long continue, though I do not think that it is

(a)

like

to lange so high as 4/5 @ 4/6 for many month,

Imag

and that the inquiries of the

Commissary General have led him to,

recommend the

General Commanding the

Forces

Forces to fir 4/4

as the rate at which

the Dollar shall be issued to the Troops serving in China;

China; and should. G:

sanction this rate for the Superintendat

Office

I would solicit that until such

time as the pleases

Home Gost

: pleasure of the Home

is known on the subject, the same may

be

extended to the folonial. Estatit and all

other payments on the pou

blei account

except those of the special mission &

thma.

(Signed) C. E. Stewart

30 Devon. 18:43

14

61

Sa Seri H. Pottingesn

W. 175 1843.

Sir,

522. Houghing

RECEIVED

MAR.26 1844

Foreign Office

March 25. 181464.

62

I have laid before The Earl of Aberdeen your Letter of

the 16th of March inclosing a Copy of a Despatch, from Sve Hewry Pottinger suggesting that the annual allowance of $1200 herchopra heretofore. paid to the Anglo (hmèse College at Malacca, should now be paid to the "Morrison Education Society; " on Nonghong; and I am to request that you

that will acquaint Lord Stanley

Lord Aberdeen concurs in His Lordship's

opinion I

that this charge- should not be placed in the [plonial Funds. But as the

services connected with this

Offices make

reasonable degrees

it desirable that every reason a

of assistance should be afforded, & an

establishment which

may

be expected

Copy

G. W. Hope Me

a

to.

:

FA

to supply.

Persons calculated to act as Interpreters, and Aberdeen has authorized

h.ncc)

The Davis, as Lord Stanley with perceive by the inclosed, Despatch, to pay to the : Morrison Education Society," the allowan of $1200 heretofore paid to the Colleger at Malacca, and to include the amount in the Accounts of the Superintendency.

I am, Siri,

Gone

most obedrent-

humble servant,

AlleAddinghe..

28.27

>

Entered

All. Addingtonday,

94.1

Forwarded by MARH

MBSichen /

mond Stanley 13

229-20 Ser

Lie

18 March 14t

63

Laundrrected fr dowhandisited dord Stanly Straushit thon herewith, for the information of the laul. oelberdeen, the lary oper Despatch from dirt Pottinger reporting demi stance which he

the

has given to the Morrison Ederation Sociel - and The manner in which he conceives that that. Puslituction maghereafter become essentially useful to the pitblic

sewiel.

I forwarding the

derpatch Lord Stanly.

directs me at the same

time benclose a (ops

:

##

of the dustuctions which

Readdressed on the al Ultime to M. Davis

relative to the extablishment

Gthe

кас

ly the London Missionary Lorie & of an Anglo Chimere.

College

un (

Nong Mors.

That-doed

am to add that lord

я

Stacles would not feel

" pistified in advising a

continued maintenance

of

the Marrison Education

в

Laciel out of the Revenues of the Colons of Nongthong.

hallely by other fonds. Thaveze

Copy

вся

hex7.

Su

RECEIVE

MAR 26

1844

In 522. Hongkong

Foreign Office March 25. 1844,6 ±

H

"your predecessor in her despatches BLordStanley, W! 13 and 29 of the 22. of August last, and to myself Wos 118 and 169 of the 2. of Sept. and 21th of Dec. last, intimated her opinion that it would be expedient- that the allowance of $1200 heretofore paid as a Subscription on the part of H:M's Govt towards the maintenance of the Anglo Chinese College at Malacca, should for the future be paid to the bciety established in Hougtong under the titles of the "Morrin Education Society", and it appears that Sir H. Pottingen, in anticipation of this approval of H. his foot, actually paid to the latter Society the amount

:year's allowance which was in deposit in the Treasury at Hongkong, leaving, as it would appear, similar sum stilo in

in deposit :

one

has

bq

I understand from Lord Stanley that he would not feel justified, in` affording this appritance to the "Morrison Education Society from the Colonial Funds- but as the same motives which induced # : this foot to sanction the allowance to the folleges at thalacca, namely the importance

importancer in a public point of view of promoting the success of an establishment by which the mean! intercourse with China would be facilitated, have acquired additional force at the J. J. Davis Ees

present

L...

71

Тать

Li More)

present times from the anticipated, extension

of such intercourse; and as this прокси

Office immediately concerned in the question,

I am

willing that in furtherance of this object aw

annnal allowance should continues to be made, and borne

upen

the contingent Superintendency in (henni.

baccount of 4. Mis

will

The College at Malacca it appears, be transferred to Hongkong. Whether it will be united with the " Morrison Education Society

but at all events, consider

remains to be seen i

Dering latter,

Sir H. Pollinger's & commendation of the and the other circumstances stated by him, I cannot hesitate to sanction his propoval, and I have, therefore, to authorize. you to abstain from making any futures payments on account of the Anglo Chincie College lately established in Malacca, and in there of to pay to the Morrison Education Society allowance in furtherance of the an annual allowance in purposes of that Society, not exceed

$1200. I should wish

you,

hew 43

exceeding

however, to give

the parties concerned in the menagement

of

thes Establishment to understand that

&

65

#t: his Goor will expect that, in return for this assortance, the utmost facility shall be afforded I H : th's Goot for obtaining the service of persons concaled by Them for the performance China. of public duties in then a

I am se

(Signed) Überres

H: Mi

99

4

Cope & Mr. Davis.

F.0. March 25. 1844

2o.27.

2

A

1...

дойодяг

close

comeffendence

Will

The affears

Ёл

>

Siv

584. Recht

RECEIVED

MAR 23 1844

Foreign Office,

March 26. 1844.

67

Jam directed by The Earl

I

The Earl of Aberde

to return to

to you

herewith the original

Letter of the 16th Insteat,

Inclosures in Your Letter

been held in Hong kong in a case

respecting certain Proceedings

which had

committed by Majesty

Lo me

Chinese

of murder Subjects of Ver

within that Island.

Lord Aberdeen's attention has been

attracted, in perusing the account of these Proceedings, by Sir Henry Pottinger's abservation that the Chinese Government had tacitly waved the pretension first advanced

at hanking to try in China the Chinese

G. W. Hope laps

Natives

natives of Hong Kong who might be accused

of crimer

committed in that delanden

com

As Sir Henry Pottinger's Reports to this office to his despatch N.92 . of the

subsequently

27th of July, of which a copy was transmited

to You

on

the 6th of November, contain no

reference to this question of Jurisdiction, and as it appears desirable that the real footing on which it stands, and the

grounds

Sir Henry on which Sir

Henry Pottinger

has arrived at the conclusion above

stated, should be known to Her Majesty fovernment, Lord. Aberdeen hav addressed to Mr Davis, with reference to Sir Henry Pottinger's Despatch to the Colonial Office, h:27% of the 9th of

December

>

68

2:30.

December last, the Despatch of which I inclose a copy for Lord Stanley's information...

Sir,

Jam, firs

ur most obedient

Your

humble servant

Allehldington?

am not aware

lital

-

here on

this subject.

пив

77777

byury;

#3

?

Ex

Enter dayhong 18 Marchfüh

All. Addington kay

9.447

Forwarded & MARE

MR

MBStephen | 72

M! Hope

12

Lord Stanley S

927-98

Lin

69

4

Lame directed f

dord Hanley Bhravomid

thyan herewith, for the infamation of the lar of Aberdem, the phy of a

of

le

a

thō

Despatch from Li &. Polling reporting Maceedings on the trial before the Police Magdale of Hong Mons of seven of the rate

scenes of that Iriand accused Friaced

Murder.

tive

елаличе

As the Enclosures to This Despatch are

fouvaided in original

dam to request that this

mag

де

besetiomed

to the

Office when Lard Aberden

has percesed themin

Валсере

70

$

***

K

2.

:

Сорут с

No 30

Sir.

In

534 Hougtong

71

RECEIV

C.O.

MAR.23 1844

F. 0. March 26.1844.

I have to acquaint you that Lord Stanley

а

has communicated to me as

copy of Sir Henry Pottingers despatch this Lordship, N.27 . of the 9th of December, respecting certain proceedings which had been held in Hong kong selative to a murder alleged to have been committed in the Island by seven Curiese, natives of the Island, and therefore subject to the British brown. with regard to the course of these proceedings Lord Stanley will doubtles of he sees occasion, communicate to you his opinion, and I should hardly.

J. F. Dour's Esq

L

к

have

་་་"!

to

have thought it necessary to advent in my correspondence with you this transaction, if I had not observed certain expressions in Sir Henry Pollinger despatch, and in his observations upon the case, which point to the existence of a state of things as regards the question of Bailish Jurisdiction over the Chuiss population in Hong Kong, of which ther Majesty's Government are not sufficically informed

The papers noted in the margin Inclosures .30.31 in

between

will show you what paped Lir Meury Pollinger and the Chinese

Authorities

он

2o38 Neclosure 3.3.4.14 in

72854

hos 45×54 Calivit

this question of Jurisdiction of 7: ..

between the signature of the Freak of hanking and the

27

the of July last,

the date of his despatel No 92

Inclosure 16 in W.7 D0.18.19.20 in W. 24

Do. 8 in h.85

nos 59292

1842

;

"

72

or this last mentioned despatch

Sir Henry Pollinger says that he have': " succeeded in providing for

oler

having complete Police authority " all classes ; but those who are

"informed

ou

over

best

the Laws and customs

" of China, seem to be of opinion that " the Empen i . Commission dare not- " give us power to punish in Capital " cases, at least not in coriting "

Tobserve however in Sir Henry.

minute on the proceedings

Pottingers

m

before the thief Magistrate of Houghong in the case of the murder seferred to in his despatch to Lord Stanley

1927,

a statement that "the Chinese

" Government have waved the right

+ they first ecumed of trying t-

" persons (residing

on the island of

Houshory

توبار بار

"Boughoug), who onif't be charged

or serious crimes"

1 with Capital and Sir Henry Pottinger in his despatch theaks of the case as "establishing beyond " all future doubt or cavil the entire a Sovereignty of England over this

colony and its thinèse Population .

Her Majet 's Government

"

would greatly rejoice at much a state of things, but it can scarcely. be alleged that the account of the proceedings given in the inclosures of the despatch, bear out that statement. Jon it does not follow that because the Chinese Authority at Lavan admitted he had done

не

wrong. sending in his Police officer into Houghong to search for the Criminals who were charged with having

committed a crime at a certain

енг

place

73

place, which in the first instance was not clearly stated to be within the Island, He therefore renounced all pretecision to by those criminals eventically in his own Court, o admitted the right to try them in

au

or

English Court - The wirthe Art in of the supplementary Secaty which is referred to, but which as it merely applies to criminal fug. c. from

fing:

the Chinese dominious or from Houston

has only

ам

u

indirect bearing on the

present case, provides that all preliminary steps suchas the apprehension and examinations in s first instance of ticiere fugitives who have sought refuge in Hong kong, that- be undertaken by the British officer, but each fugitives are, for trail

and

themover

and punishment, to be delivered over to the Chinese Auttiosities. In the present case, the previous examination of the parties ended without obtaining "proofs or admission of their guilt", and cousey.""" the question of " delivering to the Chinese authorities" although mooted by the British thief Magistrate was set aside by Sir Henry Pottinger as well from the insufficiency of testimony, as from the tacit abandonment, as Sir Henry Pollinger allops by the Chunice Government, of any

claim to Jurisdiction in euch

in case.

But whatever may be the actual state of things in this serpect it is very desiral!!, that Her Majesty's Government should clearly understand

the

T

the position of this question of Jurisdiction over the Chinese subjects of the tivi Crown ; and therefore I should wish

Fonay

you to enque " and report what have passed between Sir Henry Pottinger and the Chiese Plenipotentiary in this matter, subsequently to the dale of his després. W. 92, and at all evens on what is founded the statement in his despatch to Lord Stanley that the

tacitly Anniese Government have waved the dann to such Junsdiction -

you will readily understand that although Her Moj - ty's Government wish to know the real state of the

have no desire that you

case, they should provoke a discussion.

on the

subject with the Chinese Government. Doubtless it would be more couvement

that

ד ני

that any pretension of this natune, - as it unluckily has beer advanced, "had been clearly senounced : but if no practical unconvenience ances from leaving the question in its present state, it is on every account desirable to avoid als in : of exciting the cuspicion or jealousy of the Chinese Government by display in too much anxerity respecting it

Aberdeen-

544. Angkang

RECEIVED

APR. 1 1844

רום

RECORD

OF

75

་ ༡/

Viscount Cawning presents his Complements to Mr Stephen, and with reference to his Letter the rip the beltime

requesting

Introduction to

favor of the Governor

Governor of Hong Kong in favor of

the Baniste East Indian

ttie

%

Popesions

by

The Earl

8

Aberdeen to

request

will inform him

whe

sees

any

reas 022

why

is directed.

Government should

Foreign Office

whether

that Mr. Hogation

Lord Harley

thie wishes

Hanley

the Daviste

not be complied witter.

Marco 30.18744

Affound a copy ofle Gelert which has cum addesine to libanes?

Contatti

aquil 2

76

TECEIVED

APR. 3

1844

Foreign office

April:

2.1844

77

6

5 copper fe

Ser

I am directed by The Earl of Aberdeen to transmit to you herewith for the information

of Lord Stanley, printed Copies of the Supplementary Treaty between Great Britain and China, signed

the 8th of betober 1843, Sat Homan (hae, on the 8.

ands

of other documents thereunto annexed, which, with the Original Treaty signed at hanking

on the 29th of August 1842, of which Cypres are also inclosed, are considered to form

Instrument.

Some of the documents in

From were

знес guestion

laid before Parliament a short time ago,

with

the briginal Treaty, but being formally annexed

to the Supplementary Treaty, they have been

G. W. Hope E18

K

reprinted

Į

on the occasion of laying the latter

reprinted before Parliament :

I am,

You

Gone

Sir

most obedient

humble bereant. Weddington.

78

ו.

مهارات

April 4

(

E

הי

79

TREATY

BETWEEN

HER MAJESTY

AND

THE EMPEROR OF CHINA,

Signed, in the English and Chinese Languages, at Nanking, August 29, 1842.

WITH OTHER DOCUMENTS RELATING THERETO.

Presented to both Houses of Parliament, by Command of Her Majesty, 1844.

(8)

LONDON:

T. R. HARRISON, ST. MARTIN'S LANE.

LIST,

Page

3

1. Treaty

2. Declaration respecting Transit Duties

. 7

3. Tariff of Duties on the Foreign Trade with China

8

4. General Regulations under which the British Trade is to be conducted at the

five Ports of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai

10

(

TREATY

BETWEEN

HER MAJESTY

AND

THE EMPEROR OF CHINA,

Signed, in the English and Chinese Languages, at Nanking, August 29,

1842.

WITH OTHER DOCUMENTS RELATING THERETO.

[Ratifications exchanged at Hong Kong, June 26, 1843.]

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two countries, have resolved to conclude a Treaty for that purpose, and have therefore named as their Plenipotentiaries, that is to say:-

Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pottinger, Bart., a Major-General in the service of the East India Company, &c., &c.;

And His Imperial Majesty the Emperor of China, the High Commis- sioners Keying, a Member of the Imperial House, a Guardian of the Crown Prince, and General of the garrison of Canton; and Elepoo, of the Imperial Kindred, graciously permitted to wear the insignia of the first rank, and the distinction of a peacock's feather, lately Minister and Governor-General, &c., and now Lieutenant-General commanding at Chapoo ;*

Who, after having communicated to each other their respective Full Powers, and found them to be in good and due form, have agreed upon and concluded the following Articles :-

ARTICLE I.

There shall henceforward be Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, and between their respective subjects, who shall enjoy full security and protection for their persons and property within the dominions of the other.

* Although only two Chinese Plenipotentiaries are here named, the Treaty was in fact signed by three.

B 2

80

!

4

ARTICLE II.

His Majesty the Emperor of China agrees, that British subjects, with their families and establishments, shall be allowed to reside, for the purpose of carrying on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foochow foo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., will appoint Superintendents, or Consular Officers, to reside at each of the above-named cities or towns, to be the medium of communication between the Chinese authorities and the said merchants, and to see that the just duties and other dues of the Chinese Government, as hereafter provided for, are duly discharged by Her Britannick Majesty's subjects.

ARTICLE III.

It being obviously necessary and desirable that British subjects should have some port whereat they may careen and refit their ships when required, and keep stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, &c., the Island of Hong-Kong, to be possessed in perpetuity by Her Britannick Majesty, her Heirs and Successors, and to be governed by such laws and regulations as Her Majesty the Queen of Great Britain, &c., shall see fit to direct.

ARTICLE IV.

The Emperor of China agrees to pay the sum of six millions of dollars, as the value of the opium which was delivered up at Canton in the month of March, 1839, as a ransom for the lives of Her Britannick Majesty's Superintendent and subjects, who had been imprisoned and threatened with death by the Chinese High Officers.

ARTICLE V.

The Government of China having compelled the British merchants trading at Canton to deal exclusively with certain Chinese merchants, called Hong Merchants (or Co-Hong), who had been licensed by the Chinese Government for that purpose, the Emperor of China agrees to abolish that practice in future at all ports where British merchants may reside, and to permit them to carry on their mercantile transactions with whatever persons they please; and His Imperial Majesty further agrees pay to the British Government the sum of three millions of dollars, on account of debts due to British subjects by some of the said Hong Merchants, or Co-Hong, who have become insolvent, and who owe very large sums of money to subjects of Her Britannick Majesty.

to

ARTICLE VI.

The Government of Her Britannick Majesty having been obliged to send out an expedition to demand and obtain redress for the violent and unjust proceedings of the Chinese High Authorities towards Her Britan- nick Majesty's Officer and subjects, the Emperor of China agrees to pay the sum of twelve millions of dollars, on account of the expences incurred; and Her Britannick Majesty's Plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of twelve millions of dollars, any sums which may have been received by Her Majesty's combined forces, as ransom for cities and towns in China, subsequent to the 1st day of August, 1841.

5

ARTICLE VII.

It is agreed, that the total amount of twenty-one millions of dollars, described in the three preceding Articles, shall be paid as follows:-

Six millions immediately.

Six millions in 1843; that is, three millions on or before the 30th of the month of June, and three millions on or before the 31st of December.

Five millions in 1844; that is, two millions and a half on or before the 30th of June, and two millions and a half on or before the 31st of December.

Four millions in 1845; that is, two millions on or before the 30th of June, and two millions on or before the 31st of December.

And it is further stipulated, that interest, at the rate of 5 per cent. per annum, shall be paid by the Government of China on any portion of the above sums that are not punctually discharged at the periods fixed.

ARTICLE VIII.

The Emperor of China agrees to release, unconditionally, all subjects of Her Britannick Majesty (whether natives of Europe or India), who may be in confinement at this moment in any part of the Chinese Empire.

ARTICLE IX.

The Emperor of China agrees to publish and promulgate, under His Imperial Sign Manual and Seal, a full and entire amnesty and act of indemnity to all subjects of China, on account of their having resided under, or having had dealings and intercourse with, or having entered the service of, Her Britannick Majesty, or of Her Majesty's officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.

ARTICLE X.

His Majesty the Emperor of China agrees to establish at all the ports which are, by the Second Article of this Treaty, to be thrown open for the resort of British merchants, a fair and regular Tariff of export and import customs and other dues, which Tariff shall be publickly notified and pro- mulgated for general information; and the Emperor further engages, that when British merchandize shall have once paid at any of the said ports the regulated customs and dues, agreeable to the Tariff to be here- after fixed, such merchandize may be conveyed by Chinese merchants to any province or city in the interior of the Empire of China, on paying a further amount as transit duties, which shall not exceed* the tariff value of such goods.

ARTICLE XI.

per cent. on

It is agreed that Her Britannick Majesty's Chief High Officer in China

shall correspond with the Chinese High Officers, both at the Capital and

in the Provinces, under the term "communication"

照會

; the subordinate British Officers and Chinese High Officers in the Provinces,

on the part of the former,

under the terms "statement"

'PIR

* See Declaration on this subject, which follows the Treaty.

{

-

81

-

7

6

declaration"]; and the subor-

and on the part of the latter, "declaration"

dinates of both countries on a footing of perfect equality: merchants and others not holding official situations, and therefore not included in the

above, on both sides, to use the term "representation"

in all

papers addressed to, or intended for the notice of, the respective Governments.

ARTICLE XII.

On the assent of the Emperor of China to this Treaty being received, and the discharge of the first instalment of money, Her Britannick Majesty's forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the trade of China. The military post at Chinhai will also be withdrawn; but the Islands of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces until the money payments, and the arrangements for opening the ports to British merchants, be completed.

ARTICLE XIII.

The Ratification of this Treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but in the meantime, counterpart copies of it, signed and sealed by the Plenipotentiaries on behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions and arrangements shall take effect.

Done at Nanking, and signed and sealed by the Plenipotentiaries on board Her Britannick Majesty's ship "Cornwallis," this twenty-ninth day of August, 1842; corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second year of Taoukwang.

(L.S.)

HENRY POTTINGER,

Her M.'s Plenipotentiary.

}

DECLARATION RESPECTING TRANSIT DUTIES.

[Signed in the English and Chinese Languages.]

WHEREAS by the Tenth Article of the Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, concluded and signed on board Her Britannick Majesty's ship "Cornwallis," at Nanking, on the 29th day of August, 1842, corresponding with the Chinese date 24th day of the 7th month, in the 22nd year of Taoukwang, it is stipulated and agreed, that His Majesty the Emperor of China shall establish at all the ports which, by the Second Article of the said Treaty, are to be thrown open for the resort of British merchants, a fair and regular Tariff of export and import customs and other dues, which Tariff shall be publickly notified and promulgated for general information; and further, that when British merchandize shall have once paid, at any of the said ports, the regulated customs and dues, agreeably to the Tariff to be hereafter fixed, such merchandize may be conveyed by Chinese merchants to any province or city in the interior of the Empire of China, on paying a further amount of duty as transit duty;

And whereas the rate of transit duty to be so levied was not fixed by the said Treaty;

Now therefore, the undersigned Plenipotentiaries of Her Britannick Majesty, and of His Majesty the Emperor of China, do hereby, on pro- ceeding to the exchange of the Ratifications of the said Treaty, agree and declare, that the further amount of duty to be so levied on British merchandize, as transit duty, shall not exceed the present rates, which are upon a moderate scale; and the Ratifications of the said Treaty are exchanged subject to the express declaration and stipulation herein. contained.

In witness whereof the respective Plenipotentiaries have signed the present Declaration, and have affixed thereto their respective seals.

Done at Hong-Kong, the 26th day of June, one thousand eight hundred and forty-three, corresponding with the Chinese date, Taou- kwang twenty-third year, fifth month, and twenty-ninth day.

HENRY POTTINGER.

(L.S.)

Seal of

the Chinese High Commissioner.

Signature

of 3rd

Chinese Plenipotentiary.

Signature

of 2nd

Chinese Plenipotentiary.

Signature

of 1st Chinese

Plenipotentiary.

{

Seal

and Signature

of the

Chinese

Plenipotentiary.

82

8

9

83

6 Camphor (Malay), first

quality, clean.

Cainphor, second quality,

refuse

·

EXPORTS.

1 Alum

per 100 catties

0

2 Aniseed, Star

ditto

0

Ditto,

Oil of

ditto

5

3 Arsenic

ditto

0

4 Bangles (or Glass Armlets)

ditto

0

115076

00000

NOODOO

T. M. C. C.

0

0

ings

0

5 0

0

ditto

5 Bamboo Screens and Bam-

boo Ware of all kinds

6 Brass Leaf

ditto ditto

0

1

25

0 0

43 Preserves and Sweet-

0

0

meats of all kinds

ditto

7 Building Materials

Duty free.

44 Rattan work of all kinds

ditto

8 Bone and Horn Ware

9 Camphor

10 Canes of all kinds

11 Capoor Cutchery

12 Cassia

Ditto Buds

Ditto Oil

per 100 catties

1 0

0

0

45 Rhubarb

ditto

ditto

1

5

0

0

46 Silk, Raw, whether from

per thousand

0

5

0

0

Chekiang, Canton, or

per 100 catties

0

3

0

0

elsewhere, all kinds

ditto

ditto

ditto

ditto

13 China Root

ditto

14 China Ware, all kinds

ditto

15 Clothes (ready made). 16 Copper Ware, Pewter

ditto, &c.

ditto

013000

7

0

0

2

5

0500000

0

Coarse, or refuse of

TARIFF OF DUTIES ON THE FOREIGN TRADE WITH CHINA.

Established in pursuance of Article X of the Treaty.

0

0

0 0

T. M. C. c

each

per 100 pictures 0

OOOOO

0

0 5

0

11 10 LO

39 Pictures, viz., large Paint-

Rice Paper Pictures

40 Paper Fans.

41 Paper of all kinds

42 Pearls, (i.e., false Pearls)

per 100 catties

ditto

OOOOO

OOO

10 20

OOOOO

0

OOO

5

0 0

0

0

0

7 Cloves, first quality, picked per 100 catties

Ditto, second ditto, mother

8 Clocks, Watches, Spy-

Glasses, all kinds of Writing-Desks, Dress- ing Boxes, Cutlery, Perfumery, &c., &c.

9 Canvas, 30 a 40 yards long, 24 a 31 inches wide

10 Cochineal

11 Cornelians

Ditto Beads

12 Cotton

13 Cotton Manufactures, viz.:

Long Cloths, white, 30

a 40 yards long, 30 a 36 inches wide

Cambricks and Muslins, 20 a 24 yards long, 40 a 46 inches wide Grey or Unbleached

Cottons, viz.:-

per piece

per 100 catties

per 100 stones per 100 catties 10

ditto

per piece

0

5

0

0

0 5 0 0

0

0

1

10

0 0 0

0

Silk

ditto

2 5 0

0

0

Organzine, all kinds

ditto

10

0 0 0

0

Ribbons, Thread, &c.,

Long Cloths, Domes- tics, &c., &c., 30 a 40 yards long, 28 a 40 inches wide

T.

M. C. C.

T. M. C. C.

per catty

1 0 0 0

ditto

0 5 0 0

1 5 0 0

ditto

0 5 0

0

5

per

cent. ad valorem.

28 Mace, or Flower of Nut-

meg 29 Mother of Pearl Shells 30 Metals, viz.:-

Copper,

27 Linen, fine, as Irish or Scotch, yards long,

inches wide Coarse Linen, as Linen and Cotton Mixtures, Silk and Linen Mix- tures, &c. &c.

- per piece

5 per cent. ad valorem.

0500

per 100 catties ditto

1

0 0 0

0 2 0 0

unmanufac-

tured, as in pigs

ditto

1 0 0 0

50504

05090

0 5

OOOO O

0 0

Copper, manufactured,

0

0

as in sheets, rods

ditto

1 5

0 0

0 0

Iron, un:manufactured,

0

0

as in pigs

ditto

0 1 0 0

0 0

Iron, manufactured, as

in bars, rods, &c.

ditto

0 1 5 0

Lead in pigs, or manu-

factured.

ditto

0

0 15 0

Steel, unmanufactured Tin

ditto

0150

Quicksilver

Tin Plates.

Unenumerated Metals

31 Nutmegs, first quality, or

cleaned

10 per cent. ad valorem.

ditto

3

ditto

0

ditto

1

ditto

0

40404

0

0

0 0

0 0

0

0

0

0

per 100 catties 0 0

2

0

Nutmegs, second quality,

or uncleaned

ditto

0

&c.

ditto

10 0 0 0

ditto

0 1 0 0 32 Pepper

ditto

0

Silk Piece goods of all

ditto

17 Corals (or False Coral)

ditto

OO

0

0

10 10

5

5

OO

0

0

kinds, Satins, Pongees,

as

Silks,

Grey Twilled Cottons,

30 a 40 yards long, 28 a 40 inches wide Chintz and Prints of

0

33 Putchuck

ditto

0

34 Rattans

ditto

ditto

0

0

Velvets,

Crapes,

0 1 0 0 35 Rice, Paddy, and Grain of

all kinds

0

OOOO

0050

6472

0

0

0

0

18 Crackers and Fire-works

Lutestrings, &c., &c.

ditto

12 0 0 0

of all kinds

ditto

0

19 Cubebs

ditto

Ί

20 Fans (as Feather Fans, &c.)

ditto

21 Furniture of all kinds

ditto

0

22 Galingal

ditto

0

23 Gamboge

ditto

2

1000000

750210

O-HOON

5

0

N.B.-The additional

0

Duty of so much

all kinds, 20 a 30 yards long, 26 a 31 inches wide

Duty Free.

36 Rose Maloes.

per 100 catties

1 0 0 0

0

per piece, hitherto

0

levied, to be hence-

0

0

forth abolished.

47 Silk and Cotton mix-

24 Glass, and Glass Ware

tures, Silk and Wool-

of all kinds

ditto

25 Glass Beads

ditto

26 Glue (as Fish-glue, &c.)

ditto

27 Grass Cloth, all kinds .

ditto

1

28 Hartall

ditto

29 Ivory Ware, all kinds.

ditto

1O 1O 1O O 15 O

0000O5

5 0

5

0 0

5 0 0

0

0

0

0

0

OOOOOO

0

len mixtures, and goods

of such classes

ditto

3 0 0 0

48 Shoes and Boots, of

0

Leather, Satin, or

0

otherwise

ditto

0

·

0

49 Sandal Wood Ware

ditto

1

30 Kittysols, or Paper Um-

50 Soy

ditto

0

·

brellas

ditto

31 Lacquered Ware, all kinds

ditto

32 Lead (White Lead)

ditto

33 Lead (Red Lead)

ditto

34 Marble Slabs

ditto

O-OOO

0

1

0

0

0

OOO O

5025 N

0

0

5

0

OOOOO

0

51 Silver and Gold Ware

ditto

10

0

52 Sugar, white and brown

ditto

0

0

53 Sugar Candy, all kinds

ditto

0

0

54 Tin Foil

ditto

0

5

0

55 Tea.

ditto

2 5

35 Mats, (straw, rattan,

bamboo, &c., &c.) 36 Mother o'Pearl Ware 37 Musk

56 Tobacco of all kinds

ditto

0

2

ditto

0

ditto

1

per catty

0

20 4

0

0

57 Turmeric

ditto

0

2

0 0

58 Tortoise-Shell Ware

ditto

10

0

5

0

0

59 Trunks (of Leather)

ditto

0

2

000011000000

2040 2 3 LO LONNON

0

0

0

0

Thread

5

0

5

0

16 Cutch

0

0

Ginghams, Pullicates, Dyed Cottons, Velve- teens, Silk and Cotton Mixtures, Woollen and Cotton Mixtures, and all kinds of Fancy Goods not in current consumption.

14 Cotton Yarn and Cotton

15 Cow Bezoar

17 Elephant's Teeth, first

Handkerchiefs under 1

yard square Handkerchiefs above 1

yard square

ditto

each

ditto

0 2 0 0

37 Saltpetre (to be sold to Government Agents only)

ditto

0 3

0 0

0 01 0

38 Shark's Fins, first quality,

or White

ditto

1 0 0 0

0 0 1 5

Shark's Fins, second qua-

lity or Black

ditto

0 5 0 0

39 Skins and Furs, viz.:-

Cow and Ox Hides,

tanned, and untanned

ditto

0

Sea Otter Skins

each

0

Fox Skins, large

ditto

0

Fox Skins, small

ditto

0 0

101 HO

5557

0

0

0

5

5

per

cent. ad valorem

Tiger, Leopard, and

Martin Skins

ditto

0 1

5 0

per 100 catties

1

0

0 0

Land Otter, Racoon,

per catty

1

0

0 0

per 100 catties

0

3

0 0

0

0

0

quality, whole Elephant's Teeth, second

quality, broken

ditto

4

0 0 0

and Shark's Skins

Beaver skins

Hare, Rabbit, and Er-

mine

per hundred

ditto

ditto

223

0 0

OO

OO

OO

0 0 0

0

0

40 Smalts

per 100 catties

4

ditto

2

18 Fish Maws

0

ditto

1

19 Flints

38 Nankeen, and Cotton

Cloth of all kinds

60 Treasure, i.e., Coin of

ditto

0

OO5

0150

0

0

41 Soap

ditto

0

0

0

42 Stock Fish, &c.

ditto

0

0

43 Sea Horse Teeth

·

per 100 catties

1 0 0 0

all kinds

Free.

61 Vermilion

ditto

3 0 0 0

21 Gambier

[Articles unenumerated in this Tariff, to pay a duty of 5 per cent. ad valorem.]

IMPORTS.

1 Assafoetida

per 100 catties

2 Bees' Wax

ditto

3 Betel Nut

ditto

1110

1000

8005

T. M. C.

C.

±

T.

M. C. C.

0

0

5 Birds' Nests, first quality,

cleaned

per 100 catties

5 0

0 0

0

Birds' Nests, second qua-

4 Bicho de Mar, first quality,

lity, good middling .

ditto

2 5 0 0

or blk.

ditto

0

8 0 0

Birds' Nests, third quality,

Bicho de Mar, second

uncleaned

ditto

0 5 0 0

quality, or wht.

ditto

0 200

5

per cent. ad valorem

per 100 catties

0 1 5 0

ditto

38 0 0 0

ditto, or

In Cask

ditto

3 5 0 0

46 Woods, namely:-

·

per catty

0

1 3 0

ditto

0 0 3 0

per 100 catties

1 0 0 0

ditto

0 5 0 0

ditto

0 5 0 0

20 Glass, Glass Ware, and Crystal Ware, of all kinds.

22 Ginseng, first quality

Ditto second

refuse

23 Gold and Silver Thread:-

first quality, or real second ditto, or imitation

24 Gums, Benjamin

Olibanum Myrrh

Gums, unenumerated

25 Horns, Bullocks' and Buf-

falos'.

26 Horns, Unicorns' or Rhi-

noceros'

10 per cent. ad valorem

per 100 catties 2 0 0 0

ditto

3000

C

Ebony

Sandal Wood

Sapan Wood

Unenumerated Woods

47 Woollen Manufactures, viz. :-

Broad Cloths, Spanish Stripes, Habit Cloth,

&c., 51 a 64 inches wide

OOO

OCO

0

10 per cent. ad valorem.

per Chang of 141 inches 0 1 5 0

ditto

5054 O

O+OO 2

0 0

0

0

0

0

0 0

0 0

0

44 Treasure and Money of all

kinds

45 Wine, Beer, Spirits, &c.

In Quart Bottles

In Pint ditto

Free.

·

per 100 bottles

1

0 0

0

ditto

0

5

0

per 100 catties 0

ditto

0 1 5 0

ditto

0 5

0 0

ditto

0 1 0 0

(

:

}

Long Ells, Cassimeres,

Flannel, and narrow Cloths of this descrip- tion

per Chang of 141 inches

each

Blankets of all kinds

10

T.

M. C. C.

Ꭲ . M.

Bunting (narrow), per Chang of 141 inches 0 0 Unenumerated Woollen

C. C. 1 5

Goods, or Silk and

0 0 7 0

0 1

OOOO

7057

OLIO

Woollen, and Cotton

0

and Woollen Mix-

0

tures, &c.

5 per cent. ad valorem. per 100 catties

3 000

0 0 7 0 48 Woollen Yarn

Dutch Camlets, per Chang of 141 inches 0 1 Camlets Imitation ditto, Bomba-

zettes, &c.

ditto

ditto

0 0 3 5

[All Articles unenumerated in this Tariff, 5 per cent, ad valorem.]

GENERAL REGULATIONS, under which the British Trade is to be conducted at the Five Ports of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai.

I. Pilots.

WHENEVER a British merchantman shall arrive off any of the five ports opened to trade, viz., Canton, Foochowfoo, Amoy, Ningpo, or Shanghai, pilots shall be allowed to take her immediately into port; and, in like manner, when such British ship shall have settled all legal duties and charges, and is about to return home, pilots shall be immediately granted to take her out to sea, without any stoppage or delay.

Regarding the remuneration to be given these pilots, that will be equitably settled by the British Consul appointed to each particular port, who will determine it with due reference to the distance gone over, the risk run, &c.

II. Custom-house Guards.

The Chinese Superintendent of Customs at each port will adopt the means that he may judge most proper to prevent the revenue suffering by fraud or smuggling. Whenever the pilot shall have brought any British merchantman into port, the Superintendent of Customs will depute one or two trusty Custom-house officers, whose duty it will be to watch against frauds on the revenue. These will either live in a boat of their own, or stay on board the English ship, as may best suit their convenience. Their food and expenses will be supplied them from day to day from the Custom-house, and they may not exact any fees whatever from either the Commander or Consignee. Should they violate this regulation, they shall be punished porportionately to the amount so exacted.

III. Masters of Ships reporting themselves on arrival.

Whenever a British vessel shall have cast anchor at any one of the above-mentioned ports, the Captain will, within four and twenty hours after arrival, proceed to the British Consulate, and deposit his ship's papers, bills of lading, manifest, &c., in the hands of the Consul; failing to do which, he will subject himself to a penalty of two hundred dollars.

For presenting a false manifest, the penalty will be five hundred dollars.

For breaking bulk and commencing to discharge, before due per- mission shall be obtained, the penalty will be five hundred dollars, and confiscation of the goods so discharged.

The Consul, having taken possession of the ship's papers, will imme- diately send a written communication to the Superintendent of Customs, specifying the register tonnage of the ship, and the particulars of the cargo she has on board; all of which being done in due form, permission will then be given to discharge, and the duties levied as provided for in the Tariff.

11

IV. Commercial Dealings between English and Chinese Merchants.

It having been stipulated that English merchants may trade with whatever native merchants they please,-should any Chinese merchant fraudulently abscond or incur debts which he is unable to discharge, the Chinese authorities, upon complaint being made thereof, will of course do their utmost to bring the offender to justice; it must, however, be distinctly understood, that if the defaulter really cannot be found, or be dead, or bankrupt, and there be not wherewithal to pay, the English merchants may not appeal to the former custom of the Hong Merchants paying for one another, and can no longer expect to have their losses made good to them.

V. Tonnage Dues.

Every English merchantman, on entering any one of the above-men- tioned five ports, shall pay tonnage-dues at the rate of five mace per register-ton, in full of all charges. The fees formerly levied on entry and departure, of every description, are henceforth abolished.

VI. Import and Export Duties.

Goods, whether imported into, or exported from, any one of the above-mentioned five ports, are henceforward to be taxed according to the Tariff as now fixed and agreed upon, and no further sums are to be levied beyond those which are specified in the Tariff; all duties incurred by an English merchant-vessel, whether on goods imported or exported, or in the shape of tonnage-dues, must first be paid up in full; which done, the Superintendent of Customs will grant a port-clearance, and this being shown to the British Consul, he will thereupon return the ship's papers, and permit the vessel to depart.

VII. Examination of Goods at the Custom-house.

Every English merchant, having cargo to load or discharge, must give due intimation thereof, and hand particulars of the same to the Consul, who will immediately dispatch a recognized linguist of his own establishment to communicate the particulars to the Superintendent of Customs, that the goods may be duly examined, and neither party sub- jected to loss. The English merchant must also have a properly qualified person on the spot to attend to his interests when his goods are being examined for duty, otherwise, should there be complaints, these cannot be attended to.

Regarding such goods as are subject by the Tariff to an ad valorem duty, if the English merchant cannot agree with the Chinese officer in fixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase, shall be assumed as the value of the goods.

To fix the tare on any article, such as tea; if the English merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon all other goods in packages.

If there should still be any disputed points which cannot be settled, the English merchant may appeal to the Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made on the same day, or it will not be regarded. While such points are still open, the Super-

C 2

84

A

12

13

intendent of Customs will delay to insert the same in his books, thus affording an opportunity that the merits of the case may be duly tried and sifted.

VIII. Manner of Paying the Duties.

It is hereinbefore provided, that every English vessel that enters any one of the five ports, shall pay all duties and tonnage-dues before she be permitted to depart. The Superintendent of Customs will select certain shroffs, or banking establishments, of known stability, to whom he will give licences, authorizing them to receive duties from the English mer- chants on behalf of Government, and the receipt of these shroffs for any In the moneys paid them shall be considered as a Government voucher. paying of these duties, different kinds of foreign money may be made use of; but as foreign money is not of equal purity with sycee silver, the English Consuls appointed to the different ports will, according to time, place, and circumstances, arrange with the Superintendents of Customs at each, what coins may be taken in payment, and what per centage may be necessary to make them equal to standard or pure silver.

IX. Weights and Measures.

Sets of balance-yards for the weighing of goods, of money-weights, and of measures, prepared in exact conformity to those hitherto in use at the Custom-house of Canton, and duly stamped and sealed in proof thereof, will be kept in possession of the Superintendent of Customs, and also at the British Consulate at each of the five ports, and these shall be the standards by which all duties shall be charged, and all sums paid to Government. In case of any dispute arising between British merchants and Chinese officers of Customs, regarding the weights or measures of goods, reference shall be made to these standards, and disputes decided accordingly.

X. Lighters or Cargo Boats.

Whenever any English merchant shall have to load or discharge cargo, he may hire whatever kind of lighter or cargo-boat he pleases, and the sum to be paid for such boat can be settled between the parties them- selves, without the interference of Government. The number of these boats shall not be limited, nor shall a monopoly of them be granted to any parties. If any smuggling take place in them, the offenders will of course be punished according to law. Should any of these boat-people, while engaged in conveying goods for English merchants, fraudulently abscond with the property, the Chinese authorities will do their best to apprehend them; but, at the same time, the English merchants must take every due precaution for the safety of their goods.

XI. Transshipment of Goods.

No English merchant-ships may transship goods without special per- mission: should any urgent case happen where transshipment is necessary, the circumstances must first be submitted to the Consul, who will give a certificate to that effect, and the Superintendent of Customs will then send a special officer to be present at the transshipment. If any one presumes to transship without such permission being asked for and obtained, the whole of the goods so illicitly transshipped will be confiscated.

XII. Subordinate Consular Officers.

At any place selected for the anchorage of the English merchant- ships, there may be appointed a subordinate Consular officer, of approved good conduct, to exercise due control over the seamen and others. He must exert himself to prevent quarrels between the English seamen and natives, this being of the utmost importance. Should any thing of the kind unfortunately take place, he will in like manner do his best to arrange it amicably. When sailors go on shore to walk, officers shall be required to accompany them; and should disturbances take place, such officers will be held responsible. The Chinese officers may not impede natives from coming alongside the ships to sell clothes or other necessaries to the sailors living on board.

XIII. Disputes between British Subjects and Chinese.

Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance; the Consul will thereupon inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to com- plain of a British subject, he shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If an English merchant have occasion to address the Chinese authorities, he shall send such address through the Consul, who will see that the language is becoming; and, if otherwise, will direct it to be changed, or will refuse to convey the address. If, unfortunately, any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese officer, that they may together examine into the merits of the case, and decide it equitably. Regarding the punishment of English criminals, the English Government will enact the laws neces- sary to attain that end, and the Consul will be empowered to put them in force; and regarding the punishment of Chinese criminals, these will be tried and punished by their own laws, in the way provided for by the correspondence which took place at Nanking, after the concluding of the peace.

XIV. British Government Cruizers anchoring within the Ports.

An English Government cruizer will anchor within each of the five ports, that the Consul may have the means of better restraining sailors and others, and preventing disturbances. But these Government cruizers are not to be put on the same footing as merchant-vessels; for, as they bring no merchandize and do not come to trade, they will of course pay neither dues nor charges. The Resident Consul will keep the Super- intendent of Customs duly informed of the arrival and departure of such Government cruizers, that he may take his measures accordingly.

XV. On the Security to be given for British Merchant-Vessels.

It has hitherto been the custom, when an English vessel entered the port of Canton, that a Chinese Hong Merchant stood security for her, and all duties and charges were paid through such security-merchant; but these security-merchants being now done away with, it is understood, that the British Consul will henceforth be security for all British mer- chant-ships entering any of the aforesaid five ports.

85

Treaty

hanting

otter Brumments.

aul

SUPPLEMENTARY TREATY

BETWEEN

HER MAJESTY

AND

T.

- - -

86

THE EMPEROR OF CHINA,

Signed at Hoomun-Chae, October 8, 1843.

WITH OTHER DOCUMENTS RELATING THERETO.

Presented to both Houses of Parliament by Command of Her Majesty, 1844.

LONDON:

PRINTED BY T. R. HARRISON.

SUPPLEMENTARY TREATY

BETWEEN

HER MAJESTY

AND

THE EMPEROR OF CHINA,

Signed at Hoomun-Chae, October 8, 1843.

WITH OTHER DOCUMENTS RELATING THERETO.

WHEREAS a Treaty of perpetual Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, was concluded at Nanking, and signed on board Her said Majesty's ship "Cornwallis" on the 29th day of August, A. D. 1842, corresponding with the Chinese date of the 24th day of the 7th month, of the 22nd year of Taoukwang, of which said Treaty of perpetual Peace and Friendship, the Ratifications, under the respective Seals and Signs Manual of the Queen of Great Britain, &c., and the Emperor of China, were duly exchanged at Hong-Kong on the 26th day of June, A. D. 1843, corresponding with the Chi- nese date the 29th day of the fifth month, in the 23rd year of Taoukwang; and whereas in the said Treaty it was provided (amongst other things), that the five ports of Canton, Foochowfoo, Amoy, Ningpo, and Shanghai, should be thrown open for the resort and residence of British merchants, and that a fair and regular Tariff of Export and Import duties, and other dues, should be esta- blished at such ports; and whereas various other matters of detail, connected with, and bearing relation to the said Treaty of perpetual Peace and Friendship, have been since under the mutual discussion and consideration of the Plenipoten- tiary and accredited Commissioners of the High Contracting Parties; and the said Tariff and details having been now finally examined into, adjusted, and agreed upon, it has been determined to arrange and record them in the form of a Sup- plementary Treaty of Articles, which Articles shall be held to be as binding, and of the same efficacy, as though they had been inserted in the original Treaty of perpetual Peace and Friendship.

ARTICLE I.

The Tariff of Export and Import duties, which is hereunto attached under the seals and signatures of the respective Plenipotentiary and Commissioners, shall henceforward be in force at the five ports of Canton, Foochowfoo, Amoy, Ning- po, and Shanghai.

ARTICLE II.

The General Regulations of Trade, which are hereunto attached under the seals and signatures of the respective Plenipotentiary and Commissioners, shall henceforward be in force at the five aforenamed ports.

ARTICLE III.

All penalties enforced or confiscations made under the third clause of the said General Regulations of Trade, shall belong and be appropriated to the public service of the Government of China.

B 2

87

1

4

ARTICLE IV.

After the five ports of Canton, Foochow, Amoy, Ningpo, and Shanghai, shall be thrown open, English merchants shall be allowed to trade only at those five ports. Neither shall they repair to any other ports or places, nor will the Chinese people at any other ports or places be permitted to trade with them. If English merchant-vessels shall, in contravention of this agreement, and of a Pro- clamation to the same purport, to be issued by the British Plenipotentiary, repair to any other ports or places, the Chinese Government Officers shall be at liberty to seize and confiscate both vessels and cargoes; and should Chinese people be discovered clandestinely dealing with English merchants at any other ports or places, they shall be punished by the Chinese Government in such manner as the law may direct.

ARTICLE V.

The fourth clause of the General Regulations of Trade, on the subject of commercial dealings and debts between English and Chinese merchants, is to be clearly understood to be applicable to both parties.

ARTICLE VI.

It is agreed that English merchants and others residing at, or resorting to, the five ports to be opened, shall not go into the surrounding country beyond certain short distances to be named by the local authorities, in concert with the British Consul, and on no pretence for purposes of traffic. Seamen and persons belonging to the ships shall only be allowed to land under authority and rules which will be fixed by the Consul, in communication with the local officers; and should any persons whatever infringe the stipulations of this Article, and wander away into the country, they shall be seized and handed over to the British Consul for suitable punishment.

ARTICLE VII.

The Treaty of perpetual Peace and Friendship provides for British subjects and their families residing at the cities and towns of Canton, Foochow, Amoy, Ningpo, and Shanghai, without molestation or restraint. It is accordingly determined that ground and houses, the rent or price of which is to be fairly and equitably arranged for, according to the rates prevailing amongst the people, without exaction on either side, shall be set apart by the local officers, in commu- nication with the Consul, and the number of houses built, or rented, will be reported annually to the said local officers by the Consul, for the information of their respective Viceroys and Governors; but the number cannot be limited, seeing that it will be greater or less, according to the resort of merchants.

ARTICLE VIII.

The Emperor of China having been graciously pleased to grant to all foreign countries whose subjects or citizens have hitherto traded at Canton, the privilege of resorting for purposes of trade to the other four ports of Foochow, Amoy, Ningpo, and Shanghai, on the same terms as the English, it is further agreed, that should the Emperor hereafter, from any cause whatever, be pleased to grant additional privileges or immunities to any of the subjects or citizens of such foreign countries, the same privileges and immunities will be extended to, and enjoyed by, British subjects; but it is to be understood, that demands or requests are not on this plea to be unnecessarily brought forward.

ARTICLE IX.

If lawless natives of China, having committed crimes or offences against their own Government, shall flee to Hong-Kong, or to the English ships of war,

5

or English merchant-ships, for refuge, they shall, if discovered by the English officers, be handed over at once to the Chinese officers for trial and punishment; or if, before such discovery be made by the English officers, it should be ascer- tained or suspected by the officers of the Government of China whither such criminals and offenders have fled, a communication shall be made to the proper English officer, in order that the said criminals and offenders may be rigidly searched for, seized, and, on proof or admission of their guilt, delivered In like manner, if any soldier or sailor, or any other person, whatever his caste or country, who is a subject of the Crown of England, shall, from any cause or on any pretence, desert, fly, or escape into the Chinese territory, such soldier or sailor, or other person, shall be apprehended and confined by the Chinese Autho- rities, and sent to the nearest British Consular or other Government officer. In neither case shall concealment or refuge be afforded.

ARTICLE X.

up.

At each of the five ports to be opened to British merchants, one English cruizer will be stationed to enforce good order and discipline amongst the crews of merchant shipping, and to support the necessary authority of the Consul over British subjects. The crew of such ship of war will be carefully restrained by the officer commanding the vessel, and they will be subject to all the rules regarding going on shore and straying into the country, that are already laid down for the crews of merchant-vessels. Whenever it may be necessary to relieve such ships of war by another, intimation of that intention will be commu- nicated by the Consul, or by the British Superintendent of Trade, where circumstances will permit, to the local Chinese Authorities, lest the appearance of an additional ship should excite misgivings amongst the people; and the Chinese cruizers are to offer no hindrance to such relieving ship, nor is she to be con- sidered liable to any port-charges, or other rules laid down in the General Regulations of Trade, seeing that British ships of war never trade in any shape.

ARTICLE XI.

The posts of Chusan and Koolangsoo will be withdrawn, as provided for in the Treaty of perpetual Peace and Friendship, the moment all the monies stipu- lated for in that Treaty shall be paid; and the British Plenipotentiary distinctly and voluntarily agrees, that all dwelling-houses, store-houses, barracks, and other buildings that the British troops or people may have occupied, or intermediately built or repaired, shall be handed over, on the evacuation of the posts, exactly as they stand, to the Chinese Authorities, so as to prevent any pretence for delay, or the slightest occasion for discussion or dispute on those points.

ARTICLE XII.

A fair and regular Tariff of duties and other dues having now been established, it is to be hoped that the system of smuggling which has hereto- fore been carried on between English and Chinese merchants-in many cases with the open connivance and collusion of the Chinese Custom-house officers- will entirely cease; and the most peremptory Proclamation to all English mer- chants has been already issued on this subject by the British Plenipotentiary, who will also instruct the different Consuls to strictly watch over, and carefully scrutinize, the conduct of all persons, being British subjects, trading under his superintendence. In any positive instance of smuggling transactions coming to the Consul's knowledge, he will instantly apprize the Chinese Authorities of the fact, and they will proceed to seize and confiscate all goods, whatever their value or nature, that may have been so smuggled, and will also be at liberty, if they see fit, to prohibit the ship from which the smuggled goods were landed, from trading further, and to send her away, as soon as her accounts are adjusted and paid. The Chinese Government officers will, at the same time, adopt what- ever measures they may think fit with regard to the Chinese merchants and Custom-house officers, who may be discovered to be concerned in smuggling.

88

}

6

ARTICLE XIII.

All persons,

whether natives of China or otherwise, who may wish to convey goods from any one of the five ports of Canton, Foochowfoo, Amoy, Ningpo, and Shanghai, to Hong-Kong, for sale or consumption, shall be at full and perfect liberty to do so, on paying the duties on such goods, and obtaining a pass, or port clearance, from the Chinese Custom-house at one of the said ports. Should natives of China wish to repair to Hong-Kong to purchase goods, they shall have free and full permission to do so; and should they require a Chinese vessel to carry away their purchases, they must obtain a pass, or port-clearance, for her at the Custom-house of the port whence the vessel may sail for Hong-Kong. It is further settled, that in all cases these passes are to be returned to the officers of the Chinese Government, as soon as the trip for which they may be granted shall be completed.

ARTICLE XIV.

An English officer will be appointed at Hong-Kong, one part of whose duty will be to examine the registers and passes of all Chinese vessels that may repair to that port to buy or sell goods; and should such officer at any time find that any

Chinese merchant-vessel has not a pass, or register, from one of the five ports, she is to be considered as an unauthorized or smuggling vessel, and is not to be allowed to trade, whilst a report of the circumstance is to be made to the Chinese Authorities. By this arrangement, it is to be hoped that piracy and illegal traffic will be effectually prevented.

ARTICLE XV.

Should natives of China who may repair to Hong-Kong to trade, incur debts there, the recovery of such debts must be arranged for by the English Courts of Justice on the spot; but if the Chinese debtor shall abscond and be known to have property, real or personal, within the Chinese territory, the rule laid down in the fourth clause of the General Regulations for Trade shall be applied to the case; and it will be the duty of the Chinese Authorities, on appli- cation by, and in concert with, the British Consuls, to do their utmost to see justice done between the parties. On the same principle, should a British merchant incur debts at any of the five ports, and fly to Hong-Kong, the British Authorities will, on receiving an application from the Chinese Govern- ment officers, accompanied by statements and full proofs of the debts, institute an investigation into the claims, and, when established, oblige the defaulter or debtor to settle them to the utmost of his means.

ARTICLE XVI.

It is agreed, that the Custom-house officers at the five ports shall make a monthly return to Canton, of the passes granted to vessels proceeding to Hong- Kong, together with the nature of their cargoes; and a copy of these returns will be embodied in one return, and communicated once a-month to the proper English officer at Hong-Kong. The said English officer will, on his part, make a similar return or communication to the Chinese Authorities at Canton, showing the names of Chinese vessels arrived at Hong-Kong, or departed from that port, with the nature of their cargoes; and the Canton Authorities will apprize the Custom-houses at the five ports, in order that, by these arrange- ments and precautions, all clandestine and illegal trade, under the cover of passes, may be averted.

XVII, OR ADDITIONAL ARTICLE.

Relating to British Small Craft.

Various small vessels belonging to the English nation, called schooners, cutters, lorchas, &c., &c., have not hitherto been chargeable with tonnage dues.

!

7

It is now agreed, in relation to this class of vessels which ply between Hong-Kong and the city, and the city and Macao, that if they only carry passengers, letters, and baggage, they shall, as heretofore, pay no tonnage dues; but if these small craft carry any dutiable articles, no matter how small the quantity may be, they ought, in principle, to pay their full tonnage dues. But this class of small craft are not like the large ships which are engaged in foreign trade; they are con- stantly coming and going; they make several trips a month, and are not like the large foreign ships, which, on entering the port, cast anchor at Whampoa. If we were to place them on the same footing as the large foreign ships, the charge would fall unequally; therefore after this, the smallest of these craft shall be rated at 75 tons, and the largest not to exceed 150 tons; whenever they enter the port (or leave the port with cargo) they shall pay tonnage dues at the rate of one mace per ton register. If not so large as 75 tons, they shall still be considered and charged as of 75 tons; and if they exceed 150 tons, they shall be considered as large foreign ships, and, like them, charged tonnage dues, at the rate of five mace per register ton. Foochow and the other ports having none of this kind of intercourse, and none of this kind of small craft, it would be unnecessary to make any arrangement as regards them.

The following are the rules by which they are to be regulated :- 1st. Every British schooner, cutter, lorcha, &c., shall have a sailing letter or register in Chinese and English, under the seal and signature of the Chief Superintendent of Trade, describing her appearance, burthen, &c., &c.

2nd. Every schooner, lorcha, and such vessel, shall report herself, as large vessels are required to do, at the Bocca Tigris; and when she carries cargo, she shall also report herself at Whampoa, and shall, on reaching Canton, deliver up her sailing letter or register to the British Consul, who will obtain permission from the Hoppo for her to discharge her cargo, which she is not to do without such permission, under the forfeiture of the penalties laid down in the 3rd clause of the General Regulations of Trade.

3rd. When the inward cargo is discharged, and an outward one (if in- tended) taken on board, and the duties on both arranged and paid, the Consul will restore the register or sailing letter, and allow the vessel to depart.

This Supplementary Treaty, to be attached to the original Treaty of Peace, consisting of sixteen Articles, and one additional Article relating to small vessels, is now written out, forming, with its accompaniments, four pamphlets, and is formally signed aud sealed by their Excellencies the British Plenipo- tentiary, and the Chinese Imperial Commissioner, who, in the first instance, take two copies each, and exchange them, that their provisions may be immediately carried into effect. At the same time, each of these high functionaries, having taken his two copies, shall duly memorialize the Sovereign of his nation; but the two countries are differently situated as respects distance, so that the will of the one Sovereign can be known sooner than the will of the other. It is now therefore agreed, that on receiving the gracious Assent of the Emperor in the Vermilion Pencil, the Imperial Commissioner will deliver the very document containing it into the hands of his Excellency Hwang, Judge of Canton, who will proceed to such place as the Plenipotentiary may appoint, and deliver it to the English Plenipotentiary, to have and to hold. Afterwards, the Sign Manual of the Sovereign of England having been received at Hong-Kong, likewise gra- ciously assenting to and confirming the Treaty, the English Plenipotentiary will despatch a specially appointed officer to Canton, who will deliver the copy con- taining the Royal Sign Manual to his Excellency Hwang, who will forward it to the Imperial Commissioner, as a rule and a guide to both nations for ever, and as a solemn confirmation of our Peace and Friendship.

A most important Supplementary Treaty.

Signed and sealed at Hoomun-Chae, on the Eighth day of October, 1843, corresponding with the Chinese date of the Fifteenth day of the Eighth moon, of the 23rd year of Taoukwang.

(L.S.)

HENRY POTTINGER.

Seal and Signature of the

Chinese Plenipotentiary.

89

F

1

8

00

9

+

Proclamation issued by Sir Henry Pottinger.

SIR HENRY POTTINGER, Bart., G.C.B., Her Britannick Majesty's Plenipotentiary, &c., &c., in China, has the gratification to announce, for the general information and guidance of all subjects of Her said Majesty, that he has concluded and sealed, with the High Commissioner appointed by His Imperial Majesty the Emperor of China to treat with him, a Commercial Treaty, stipulated for in the Definitive Treaty of Peace, signed at Nanking on the 29th day of August, 1842, and the ratifications of which Definitive Treaty of Peace have been lately exchanged under the Signs Manual and Seals of Her Majesty the Queen of Great Britain and Ireland, &c., and His Majesty the Emperor of China.

Her Britannick Majesty's Plenipotentiary, &c., now publishes the Export and Import Tariff, and the Regulations of trade, which have been, after the most searching scrutiny and examination, fixed and finally agreed upon, and which Tariff and Regulations of trade are to be promulgated in Chinese, simultaneously with this Proclamation, accompanied by a Proclamation on the part of the Imperial Commissioner, &c.

Her Britannick Majesty's Plenipotentiary, &c., trusts, that the provisions of the Commercial Treaty will be found in practice mutually advantageous, beneficial, and just, as regards the interests, the honour, and the future augmented prosperity of the Governments of the two mighty Contracting Empires, and their subjects: and his Excellency most solemnly and urgently calls upon all subjects of the British Crown, individually and collectively, by their allegiance to their Sovereign, by their duty to their country, by their own personal reputation, respect, and good name, and by the integrity and honesty which is due from them as men, to the imperial rights of the Emperor of China, not only to strictly conform and act up to the said pro- visions of the Commercial Treaty, but to spurn, decry, and make known to the world, any base, unprincipled, and traitorous overtures which they, or their agents or employés, may receive from, or which may be in any shape made to them, by any subject of China-whether officially connected with the Government, or not-towards entering into any collusion or scheme for the purpose of evading, or acting in contravention of, the said provisions of the Commercial Treaty.

Her Britannick Majesty's Plenipotentiary, &c., will not allow himself to anticipate or suppose, that the appeal which he now makes to all Her Majesty's subjects will be unheeded, or overlooked, by even a single indivi- dual; but at the same time it is his duty, in the responsible and unprece- dented situation in which he has been placed by the course of events, to distinctly intimate, that he is determined, by every means at his disposal, to see the provisions of the Commercial Treaty fulfilled by all who choose to engage in future in commerce with China; and that in any case where he may receive well-grounded representations from Her Majesty's Consuls, or from the Chinese Authorities, that such provisions of the Commercial Treaty have been evaded (or have been attempted to be so), he will adopt the most stringent and decided measures against the offending parties; and where his present powers may not fully authorize and sanction such measures as may seem to him fitting, he will respectfully trust that the Legislature of Great Britain will hold him indemnified for adopting them, in an emergency directly compromising the national honour, dignity, and good faith in the estimation of the Government of China, and in the eyes of all other nations.

GOD SAVE THE QUEEN.

Dated at Government-House, at Victoria, Hong-Kong,

this 22nd day of July, 1843.

HENRY POTTINGER.

{

1

i

Proclamation issued by the Imperial Commissioner, &c.

KEYING, High Commissioner, &c., &c., Kekung, Governor-General, &c., and Ching-yuet-sai, Governor, &c., issue this Proclamation for the purpose

of giving clear information and commands.

Whereas, when the English had last year ceased from hostilities, our august Sovereign granted them commercial intercourse at Canton and at four other ports, and was graciously pleased to sanction the Treaty that had been concluded the ratifications of that Treaty have

Treaty have now therefore been exchanged, and commercial regulations have been agreed upon, and a Tariff of Duties, wherein all fees and presents are abolished, has been distinctly settled. These, as soon as the High Commissioner, with the Governor- General and Governor, shall have received the replies of the Board of Revenue, shall be promulgated, and shall become the rules to be observed in the various ports. The Tariff of Duties will then take effect with reference to the com- merce with China of all countries, as well as of England.

Henceforth, then, the weapons of war shall for ever be laid aside, and joy and profit shall be the perpetual lot of all: neither slight nor few will be the advantages reaped by the merchants, alike of China and of foreign countries. From this time forward all must free themselves from prejudice and suspicions, pursuing each his proper avocation, and careful always to retain no inimical feelings from the recollection of the hostilities that have before taken place. For such feelings and recollections can have no other effect than to hinder the growth of a good understanding between the two people.

With regard to Foochow, Amoy, Ningpo, and Shanghai, the four ports which, by His Imperial Majesty's gracious permission, are now newly opened for trade, it is requisite that the replies of the Board of Revenue should be received before the commerce of those ports should be actually thrown open. But Canton has been a mart for English trade during more than two centuries past; and therefore, the new regulations having been decided upon, they ought at once to be brought into operation, that the far-travelled merchants may not be any longer detained in the outer seas, disappointed in all their anticipations. The High Commissioner, the Governor-General, and the Governor, have therefore, in concert with the Superintendent of Customs, determined, in fulfilment of their august Sovereign's gracious desire to cherish tenderly men from afar, that a commencement shall be made with the opening of the Port of Canton under the new regulations, on the 1st of the 7th month. The wishes of the merchants will thus, it is hoped, be met.

The Island of Hong-Kong having been, by the gracious pleasure of His august Majesty, granted as a place of residence to the English nation, the merchants of that nation, who will proceed from thence to the various ports will be numerous; and such vessels as they may engage to convey them to and fro will therefore be required to lie under no restrictions, but merely to accept engagements at fair and just rates. If, however, such passengers convey goods in the same boats with the view of evading the dues of Govern- ment, they shall be subject to such fines as the law shall direct. Should merchants of China desire to proceed to the Island of Hong-Kong aforesaid, to trade, they will be required only to report themselves to the next custom- house, and to pay the duties on their merchandize according to the new Tariff, obtaining a pass before they quit port to commence their traffick. Any who may dare to go and trade without having requested such a pass, on discovery shall be dealt with as offenders of the laws against clandestine traffick, and against contumacious visiting of the open seas.

As to those natives of China who, in past days, may have served the English soldiery or others with supplies, and may have been apprehended in consequence, the High Commissioner has obtained from the good, favour of his august Sovereign, vast and boundless as that of Heaven itself, the remis- sion of their punishment for all past deeds; and any such who may not yet have been brought to trial are therefore no longer to be sought after, while all who may have been seized and brought before Government are granted a free pardon. All persons of this class must then attend quietly to their avo-

C

90

Ĭ

10

cations, with a diligent pursuit of every thing that is good and right: they need entertain no apprehension of being hereafter dragged forward, nor yield in consequence to any fears or suspicions.

With reference to the arrangements which the High Commissioner and his colleagues have made in regard to duties, every thing has been done with a single eye to a just impartiality: all merchants, then, whether of China or of foreign countries, are called upon to consider the many pains that the High Commissioner and his colleagues have taken, and by all means to abide in the quiet pursuit of their respective callings, and in the enjoyment of so auspicious a peace. From henceforward amity and goodwill shall ever con- tinue, and those from afar and those who are near shall perpetually rejoice together. Such is the fervent hope of the High Commissioner and his col- leagues; and in this hope they command implicit obedience to what is now thus specially promulgated.

A true Translation, (Signed)

J. ROBT. MORRISON, Chinese Secretary and Interpreter.

TARIFF OF DUTIES ON THE FOREIGN TRADE WITH CHINA.

2 Aniseed, Star

8 Bone and Horn Ware

9 Camphor.

10 Canes of all kinds

11 Capoor Cutchery

12 Cassia

Ditto Buds

13 China Root

14 China Ware, all kinds

17 Corals (or False Coral)

18 Crackers and Fire-Works

per thousand

116075

HOO5OO

25

0 10 10 09 DOOQ 10 10

1000-5000

OO

10 10

OO

☺☺

39 Pictures, viz., large Paint-

ings

40 Paper Fans

41 Paper of all kinds

42 Pearls, (ie.,false Pearls)

kinds, Satins,

0

☐☐☐ O

OOOO O

1I55 LO

5

0

0

0 0

0

OOO

520

000

OOO

0

0

0

2 5 0 0

NO

1110

1000

5005

23 Gold and Silver Thread:

first quality, or real. second ditto, or imitation 24 Gums, Benjamin

Olibanum

11

91

IMPORTS.

T. M. C. C.

1 Assafœtida

per 100 catties

0

22 Ginseng, first quality

per 100 catties 38 0

T. M. C. C

0 0

2 Bees' Wax

ditto

0

3 Betel Nut.

ditto

0

Ditto second ditto, or

refuse

ditto

3 500

4 Bicho de Mar, first quality,

or blk.

ditto

0800

per catty

0

Bicho de Mar, second

quality, or wht.

ditto

0

ditto

0 2 0 0

·

per 100 catties

1

ditto

0

ditto

5

0 0 0

ditto

0

1005LO

3

3 0

0 0

0 0

0

----O

0

Birds' Nests, second qua

lity, good middling. Birds' Nests, third quality,

uncleaned

ditto

2

5 0 0

ditto

0 5 0 0

26 Horns, Unicorns' or Rhi-

noceros'

per catty

1 0 0 0

ditto 100 catties

ditto

0 5 0 0

1 5 0

0

0 5 0

5 Birds' Nests, first quality,

cleaned

6 Camphor (Malay), first

quality, clean. Camphor, second quality,

refuse

7 Cloves, first quality, picked per

Ditto, second ditto, mother

8 Clocks, Watches, Spy-

Glasses, all kinds of Writing-Desks, Dress- ing Boxes, Cutlery, Perfumery, &c., &c.

9 Canvas, 30 a 40 yards long, 24 a 31 inches wide

12 Cotton

13 Cotton Manufactures, viz,:

Long Cloths, white, 30

a 40 yards long, 30 a 36 inches wide Cambricks and Muslins, 20 a 24 yards long, 40 a 46 inches wide Grey or Unbleached

Cottons, viz.:

Long Cloths, Domes-

tics, &c., &c., 30 a 40 yards long, 28 a 40 inches wide . Grey Twilled Cottons, 30 a 40 yards long, 28 a 40 inches wide Chintz and Prints of

LO

5 per cent. ad valorem.

per piece

05000

per 100 catties per 100 stones per 100 catties 10 0

ditto

OOOO O

OOO

OOOOO

Myrrh

Gums, unenumerated

25 Horns, Bullocks' and Buf-

falos'

10 per cent. ad valorem

per 100 catties

·

27 Linen, fine, as Irish or Scotch yards long,

inches wide Coarse Linen, as Linen and Cotton Mixtures, Silk and Linen Mix- tures, &c. &c.

28 Mace, or Flower of Nut-

meg

Copper,

1

2 0 0 0

ditto

3 0 0 0

per piece

0 5 0 0

5 per cent. ad valorem.

29 Mother of Pearl Shells 30 Metals, viz.:-

per 100 catties 1

ditto

0

0

0

OO

OO

0

0

unmanufac-

5 0 0

tured, as in pigs

ditto

1

0

0 0

0 0 0

Copper, manufactured,

5

0

0

as in sheets, rods

ditto

1

5 0 0

0

0

Iron, unmanufactured,

0

as in pigs

ditto

0 1 0 0

Iron, manufactured, as

in bars, rods, &c.

ditto

0 1 5 0

ditto

0 4 0 0

ditto

3 0

0 0

ditto

0 4 0 0

ditto

1 0 0

0

ditto

0 4 0

0 4

per piece

0 1 5 0

ditto

0 1 5 0

Lead in pigs, or manu-

factured

Quicksilver

Steel, unmanufactured Tin

Tin Plates.

Unenumerated Metals.

31 Nutmegs, first quality, or

cleaned

Nutmegs, second quality,

or uncleaned

10 per cent. ad valorem.

per 100 catties 2000

0

ditto

0 1 0 0

32 Pepper.

33 Putchuck

ditto

0 1 0 0 34 Rattans

35 Rice, Paddy, and Grain of

all kinds

EXPORTS.

T.

M.

C. C.

T. M. C. C.

1 Alum

per 100 catties 0

0 0

10 Cochineal

ditto

0

0 0

each

0

0

0

11 Cornelians

Ditto,

Oil of.

ditto

0 0

Rice Paper Pictures

per 100 pictures 0

0

0

Ditto Beads

3 Arsenic

ditto

0

5

0

per 100 catties

0

0

0

4 Bangles (or Glass Armlets)

ditto

0

0 0

ditto

0

0

0

5 Bamboo Screens and Bam-

ditto

boo Ware of all kinds

ditto

0

0 0

43 Preserves and Sweet-

6 Brass leaf

ditto

1

0 0

meats of all kinds

ditto

7 Building Materials

Duty free.

per 100 catties

1

0 0

44 Rattan work of all kinds 45 Rhubarb

ditto

ditto

1

ditto

5

0 0

46 Silk, Raw, whether from

5

0

0

Chekiang, Canton, or

per

100 catties

3

0 0

elsewhere, all kinds

ditto

10 0 0 0

ditto

7

5 0

Coarse, or refuse of

ditto

0

0

Silk

ditto

Ditto Oil

ditto

0

0 0

Organzine, all kinds

ditto

10 0 0 0

ditto

2

0 0

Ribbons, Thread, &c.,

ditto

5 0 0

&c.

ditto

10 0 0 0

ditto

15 Clothes (ready made).

ditto

5 0 0

Silk Piece goods of all

ditto

16 Copper Ware, Pewter

as

ditto, &c.

ditto

0

5

0 0

Silks, Pongees,

ditto

ditto

0050

6472

100

0

0

0

2 0 0

ditto

0

5

0 0

of all kinds

19 Cubebs

ditto

0

ditto

1

·

20 Fans (as Feather Fans, &c.)

ditto

1

21 Furniture of all kinds.

ditto

0

22 Galingal

ditto

0

23 Gamboge.

ditto

2 0

OOOOOO

100000

750210

OLIOON

5 0

Velvets, Crapes, Lutestrings, &c., &c. N.B.-The additional

all kinds, 20 a 30

ditto

12 0 0 0

Duty Free.

yards long, 26 a 31

36 Rose Maloes

per 100 catties

1 0 0 0

inches wide

ditto

0

Duty of so much

Handkerchiefs under 1

0

0

0

0

per piece, hitherto

forth abolished.

47 Silk and Cotton mix-

levied, to be hence-

yard square Handkerchiefs above 1

yard square

each

0 2 0 0

0 0 1 0

37 Saltpetre (to be sold to

Government Agents only) 38 Shark's Fins, first quality,

or White

ditto

0 3

0 0

ditto

1 0 0 0

ditto

0 0 1 5

Shark's Fins, second qua-

24 Glass, and Glass Ware

tures, Silk and Wool-

of all kinds

ditto

25 Glass Beads

ditto

26 Glue (as Fish-glue, &c.)

ditto

27 Grass Cloth, all kinds.

ditto

28 Hartall

ditto

29 Ivory Ware, all kinds.

ditto

OOOOO5

0

0

0

1

0

1O 1O 1OO5O

5 0 0

5 0 0

0

0

0 0 0

OOOOOO

....OO

len mixtures, and goods

of such classes'

ditto

3000

0 0 48 Shoes and Boots, of

0 0

0

Leather, Satin, otherwise

or

ditto

0

·

49 Sandal Wood Ware

ditto

1

30 Kittysols, or Paper Um-

brellas

50 Soy

ditto

0

·

ditto

31 Lacquered Ware,all kinds

ditto

32 Lead (White Lead)

ditto

33 Lead (Red Lead)

ditto

34 Marble Slabs

ditto

O-OOO

0

0

0

35 Mats, (straw, rattan,

bamboo, &c., &c. )

36 Mother o'Pearl Ware 37 Musk

ditto

ditto

per catty

OOO O

4 2 4 2

205

010

5 0 0

51 Silver and Gold Ware

ditto

10

1 0 0

0

52 Sugar, white and brown

ditto

0

5

0

53 Sugar Candy, all kinds

ditto

0

0 5 0

0

54 Tin Foil

ditto

0

5

0

55 Tea.

ditto

2

5

56 Tobacco of all kinds

ditto

0

0 0

57 Turmeric

ditto

0

0

0

58 Tortoise-Shell Ware

ditto

10 0

0 0

59 Trunks (of Leather).

ditto

0

00000 10000000

2040 2 0 10 10 N2ON

0

0

0

Ginghams, Pullicates, Dyed Cottons, Velve- teens, Silk and Cotton Mixtures, Woollen and Cotton Mixtures, and all kinds of Fancy Goods not in current consumption

14 Cotton Yarn and Cotton

Thread

lity, or Black

ditto

0500

39 Skins and Furs, viz.:-

Cow and Ox Hides,

tanned, and untanned

ditto

Sea-Otter Skins

each

1

Fox Skins, large

ditto

Fox Skins, small

ditto

0005

6957

6510

0000

0

0

5 per cent. ad valorem

Tiger, Leopard, and

Martin Skins

ditto

0 1

5

0

15 Cow Bezoar.

3 5

0

1 per 100 catties per catty

5 0

0 0 0

Land-Otter, Racoon,

1 0 0 0

and Shark's Skins

per hundred

16 Cutch

0

per 100 catties

0 3 0

17 Elephant's Teeth, first

quality, whole

ditto

4 0 0

0

0

Beaver Skins

Hare, Rabbit, and Er-

mine

ditto

25

OO

0 0 0

0 0 0

ditto

0

Elephant's Teeth, second

0

40 Smalts

per 100 catties 4 0

quality, broken

ditto

0

18 Fish Maws

ditto

0

19 Flints

ditto

OFO

210

0

5

38 Nankeen, and Cotton

60 Treasure, i.e., Coin of

0 0 5 0

005

0

0

41 Soap 42 Stock Fish, &c. 43 Sea-Horse Teeth

ditto ditto

0 5 0

0 4 0

ditto

Cloth of all kinds

per 100 catties 1

0 0 0

all kinds

Free.

61 Vermilion

ditto

3 0 0 0

20 Glass, Glass Ware, and Crystal Ware, of all

kinds

2 0 0 0

Ooooo

5 0 0

0

0

0

0

[ Articles unenumerated in this Tariff, to pay a duty of 5 per cent. ad valorem.]!

21 Gambier

5

per cent. ad valorem per 100 catties

0 1 5 0

44 Treasure and Money of

all kinds

45 Wine, Beer, Spirits, &c.

In Quart Bottles

per 100 bottles 1 0 0 0

Free.

C 2

1

#

|

In Pint bottles

In Cask

46 Woods, namely:-

Ebony

Sandal Wood

Sapan Wood

Unenumerated Woods

T. M. C.

per 100 bottles 0

per 100 catties

0

or Gr

800

300

C.

ditto

0

1

ditto ditto

0 5

0 1

100

5 0

0

0 0

10 per cent. ad valorem.

47 Woollen Manufactures, viz. :-

Broad Cloths, Spanish

Stripes, Habit Cloth,

&c., 51 a 64 inches wide

per Chang of 141 inches 0 15 0

Long Ells, Cassimeres,

Flannel, and narrow

Dutch Camlets, per Chang of 141 inches O Camlets.

ditto

12

T.

M. C. C.

Cloths of this descrip- tion

per Chang of 141 inches

0 0

Blankets of all kinds

each

0

0

OOOO

7957

0110

0

Corresponding to No. in Alphabetical, i. e., English List.

0

0

0

Class VII-Exported Woods. Canes or walking sticks of all kinds

Canes, &c.

10

7 0

ditto

OO

0 0 3 5

0 1

LO LO

5

Class VIII-Exported articles of Clothing. Wearing apparel, whether of Cotton, Woollen, or Silk; formerly divided into Cotton clothing, Woollen ditto, Silk and Satin ditto, and Velvet ditto

Imitation ditto, Bomba-

zettes, &c.

Bunting (narrow), perChang of 141 inches O Unenumerated Woollen

Goods, or Silk and

Woollen, and Cotton

and Woollen Mix- tures, &c.

48 Woollen Yarn

[All Articles unenumerated in this Tariff, 5 per cent. ad valorem.]

HENRY POTTINGER.

(L.S.)

Seal and Signature

of the Chinese Plenipotentiary.

5 per cent. ad valorem.

13

92

Corresponding to No.

in Alphabetical, i. e.,

English List.

Heretofore a further charge per piece has been levied; the whole duty is now to be paid in one sum, and the further charge is abolished.

Class XI.-Exported Carpeting, Matting, &c. Mats of all kinds, as of straw, rattan, bamboo,

&c., &c.

35

15

Boots and Shoes, whether of leather, satin, or

otherwise

48

per 100 catties 3 0 0 0

Class XII.-Exported Preserves, &c. ARTICLES.

Preserved Ginger and Fruits of all kinds

43

Class IX-Exported Fabrics of Cotton, &c. Grass Cloth, and all Cloths of hemp or linen Nankeen, and all Cloths of Cotton (not formerly

in the Tariff)

Soy

50

Sugar, White and Brown

52

27

38

Sugar Candy, all kinds

53

Tobacco, prepared and unprepared, &c., &c., of all

kinds

56

Class X-Exported Silk, Fabrics of Silk, &c. Raw Silk, of any province

46

Class XIII.-All that it has not been practicable herein to include, are to be charged an ad valorem duty of five per cent.

Coarse or Refuse of Silk

46

Organzine of all kinds.

46

Silk Ribbon and Thread

46

Class XIV.-Gold and Silver Coin, and Gold and

Silver. Duty free.

46 47

Class XV-Bricks, Tiles, and Building Materials.

Duty free.

CHINESE RE-ARRANGEMENT OF TARIFF, UNDER CLASSES OF GOODS.

TITLE.-Tariff of Duties to be levied at the Five Ports of Canton, &c., &c., as newly established. THE Duties which it is agreed shall be paid upon goods imported and exported by England, at the Five Ports of Customs of Canton, Foochow, Amoy, Ningpo, and Shanghai, are here stated in classified order.

Corresponding to No. in Alphabetical, i. e.,

English List.

Class I.-Exported Oilman's Stores (Oil, Wax, Alum,

Sulphur, &c.)

ARTICLES.

Alum, i. e., White Alum-formerly White Alum

and Bluestone

Aniseed Oil, not formerly contained in the Tariff

do. Cassia Oil

do.

Class II.-Exported Spices, Tea, &c.

ARTICLES.

Tea, (formerly divided into fine and native black,

and fine and native green, Teas)

Silk and Satin Fabrics of all kinds, as crape, lute- strings, &c., &c., &c., formerly classed as silks and satins

Silk and Cotton mixed Fabrics

Class I-Imported Oilman's Stores, &c. ARTICLES.

?

Corresponding to No. in Alphabetical, i. e., English List.

Corresponding to No. in Alphabetical, i. e., English List.

Class IV-Imported Sundries.

Glass, Glass ware of all kinds, formerly classed as

Native crystal ware

Flints

24

Wax, Bees' Wax

2

Mother o' Pearl shells

Corresponding to No. in Alphabetical, i, e., English List.

19

29

Glass beads, or False pearls

25

Rose Maloes

36

Kittysols, or paper Umbrellas

30

Marble, Marble slabs, not formerly in Tariff Rice-Paper pictures

34

Saltpetre, to be sold only to the licensed Agents of

the Government

37

39

Soap

41

Paper Fans

Class V.-Imported Dried Meats, &c. ARTICLES.

40

Pearls (false), not formerly in Tariff

42

Class V-Exported Painter's Stores, &c. &c.*

Class II-Imported Spices and Perfumes. Gum Benzoin and Oil of ditto

24

Sandal Wood

46

Brass Leaf

6

Pepper

32

Gamboge

23

55

Red Lead

33

·

37

Glue, as fish glue, cow-skin glue, &c. Paper, Stationery

26

41

All other articles of this Class not included in the Tariff, to pay an ad valorem duty of Ten per cent. Perfumery

5 per cent.

Bird's nests, 1st quality, cleaned Bird's nests, 2nd quality, good middling

3rd ditto, uncleaned Bicho de Mar, 1st ditto, black

2nd ditto, white Shark's fins, 1st ditto, white

2nd ditto, black Stock fish and dried fish Fish Maws, not formerly in the Tariff.

LOLOLO 4

5

5

5

·

4

38

38

42

18

122

1233

Aniseed, Star

Musk

Class III.-Exported Drugs.

ARTICLES.

Class III.-Imported Drugs.

Class VI.-Imported Painter's Stores.

Camphor

Cassia

Capoor Cutchery

Arsenic, under different Chinese names

Cassia Buds, not formerly in Tariff

11

Tinfoil

9

Vermilion

3

12

Paintings (large paintings), formerly divided into.

large and small paintings

12

White Lead

45 88

Assafœtida

1

61

39

Camphor Baroos (or Malay), 1st-quality, or cleaned; formerly classed as good, and inferior, Camphor

Cochineal Smalts

Sapan Wood

10

40

46

尚古

6

32

2nd quality, refuse; formerly classed as un-

China Root

Cubebs, not formerly in Tariff

ARTICLES.

13

cleaned Camphor

6

Class VII-Imported Woods, Canes, &c.

19

Class VI.-Exported Wares of various kinds. Bone and Horn ware

Cloves, 1st quality (picked)

7

Rattans

34

2nd quality (Mother Cloves)

7

Ebony

46

8

Galingal

Hartall

Rhubarb

*Turmeric

2283

China Ware, fine and coarse (formerly classed as

fine, coarse, native, and middling)

Cow Bezoar

Cutch

15

16

14

Gambier

21

All other imported woods-as red wood, satin wood, yellow wood, &c., not included in the Tariff, 10 per cent. ad valorem,

45

·

Copper ware, and pewter ware

16

Betel Nut

·

3

57

Manufactures of wood, furniture

21

Ginseng, 1st quality, or cleaned

22

Ivory ware, all carved ivory work included, for- merly divided into ivory, and ivory Carvings

2nd

ditto, refuse, or Ginseng beard

22

Class VIII.-Imported Clocks, Watches, and Trinketry.

29

Gum Olibanum".

Class IV-Exported Sundries.

Bangles (glass armlets) not formerly in Tariff Bamboo Screens, and Bamboo Ware Corals, Native or false coral, not formerly in

Tariff Crackers, and fireworks of all kinds (formerly

classed as rockets, &c.)

24

Clocks

8

Lacquered ware.

31

Myrrh

24

Watches

8

45

Mother o' Pearl ware

36

Mace, or Flower of Nutmeg

28

·

Rattan ware, rattan and bamboo work

Telescopes

44

Mercury, or Quicksilver

*

30

Sandal-wood ware

17

Gold and Silver ware, formerly divided into Gold

ware, and Silver ware

18

·

Tortoise-shell ware

Fans (feather fans, &c.) not formerly in the Tariff 20

Leather Trunks and Boxes

49

51

58

Nutmegs, 1st quality, or cleaned

2nd

Putchuck

ditto, uncleaned

Rhinoceros' Horns

31

Glass panes, and glass and crystal ware of all

kinds

20

31

33

·

26

59

+-

14

Corresponding to No. in Alphabetical, i. e.,

English List.

Corresponding to No.

in Alphabetical, i. e.,

ARTICLES.

Class XII.-Imported Wines, Preserves,

English List.

Spirits, &c.

Writing Desks .

Dressing Cases

Jewellery of Gold and Silver

Cutlery, Swords, &c. .

All the foregoing, and any other miscellaneous

∞ ∞ ∞ ∞o

8

Wine and Beer, in quart bottles

45

8

"

in pint bottles

in cask

45 45

""

articles of the same description, 5 per cent. ad valorem.

Class IX-Gold and Silver Bullion, and Specie.

Duty free

Class XIII.-Imported Metals.

ARTICLES.

Copper, unmanufactured as in pigs

30

·

"

44

manufactured as in sheets, rods, &c. Iron, unmanufactured as in pigs

30

30

manufactured as in bars, rods, &c.

30

وو

Lead, in pigs, or manufactured

30

Class X.-Imported Cotton, Fabrics of Cotton, &C., &c. Canvas Cotton

Steel, unmanufactured

30

9

Tin

30

12

Tin Plates, not formerly in the Tariff .

30

Long Cloth, white, formerly divided into superior

and inferior fine cotton cloth

13

Cambrics and Muslins

Cottons, grey, or unbleached, domestic, &c., for-

merly classed as coarse long cloth

Twilled Cottons, grey

13

∞o co

All other Metals, as Zinc, Yellow Copper, &c., not herein enumerated, 10 per cent: ad valorem.

Class XIV.-Imported Jewellery.

13

ARTICLES.

13

Cornelians

Chintz and Prints, of all kinds

13

Cornelian Beads

11

11

14

27

47

Class XV-Imported Skins, Teeth, Horns, &c.

Cow and Ox hides, tanned and untanned

15

GENERAL REGULATIONS, under which the British Trade is to be conducted at the Five Ports of Canton, Amoy, Foochow, Ningpo, and Shanghai.

I. Pilots.

}:

93

I. Pilots to be

WHENEVER a British merchantman shall arrive off any of the five ports opened to trade, viz., Canton, Foochow, Amoy, Ningpo, or Shanghai, granted imme- pilots shall be allowed to take her immediately into port; and in like diately; and manner, when such British ship shall have settled all legal duties and charges, and is about to return home, pilots shall be immediately granted to take her out to sea, without any stoppage or delay.

Regarding the remuneration to be given these pilots, that will be Remuneration to equitably settled by the British Consul appointed to each particular port, be settled at each who will determine it with due reference to the distance gone over, the port. risk run, &c.

II. Custom-house Guards.

Bullock's and Buffalo's Horns

25

39

Sea-Otter Skins

39

Fox Skins, large and small

39

13

Tiger, Leopard, and Martin Skins

39

·

Land-Otter, Racoon, and Shark Skins Beaver Skins

39

39

ARTICLES.

Cotton Yarn and Cotton Thread

Linen, fine, not formerly in the Tariff

Bunting

All other imported articles of this class, as Ginghams, Pullicates, Dyed Cottons, Vel- veteens, Silk and Cotton Mixtures, Coarse Linen, and Mixtures of Cotton and Linen, &c., &c., 5 per cent. ad valorem .

Class XI-Imported Fabrics of Woollen, Silk, &c., &c.

Gold and Silver Thread, superior or real

Broad Cloth, Spanish Stripes, &c.

Narrow Cloths, as Long Elis, Cassimeres, &c. &c. 47 Camlets (Dutch)

Camlets

Imitation Camlets or Bombazettes

Hare, Rabbit, and Ermine Skins

Elephant's Teeth, 1st quality, whole

Handkerchiefs, large

small

""

""

13

13

Sea Horse Teeth

23

inferior, or imitation

23

47

"}

39

43

17

2nd

broken

17

">

Class XVI.

All new goods imported, which it has not been practicable to include herein, 5 per cent. ad valorem.

47

47

47

Woollen Yarn

48

Blankets

47

Class XVII.

All other fabrics of wool, or of mixed wool and

silk, wool and cotton, &c. 5 per cent. ad valorem.

All Foreign Rice, and other Grain, duty free

35

Shipping Dues.

These have hitherto been charged upon the measurement of the ship's length and breadth, at so much per chang: but it is now agreed to alter the system, and charge according to the registered statement of the number of tons of cargo the ship may carry. On each ton (reckoned equal to the cubic contents of 122 tow,) a shipping charge of five mace is to be levied and all the old charges of measurement, entrance and port-clearance fees, daily and monthly fees, &c., are to be abolished.

Taoukwang, 33rd year, 8th month,

(July 1843.

day.

!

II. One or two

The Chinese Superintendent of Customs at each port will adopt the means that he may judge most proper to prevent the revenue suffering by Custom-house fraud or smuggling. Whenever the pilot shall have brought any British guards to be at-

tached to each ship. merchantman into port, the Superintendent of Customs will depute one or two trusty Custom-house officers, whose duty it will be to watch against frauds on the revenue. These will either live in a boat of their own, or stay

on board the English ship, as may best suit their convenience. Their food No fees to be and expenses will be supplied them from day to day from the Custom-house, charged for their and they may not exact any fees whatever from either the Commander or maintenance. Consignee. Should they violate this regulation, they shall be punished proportionately to the amount so exacted.

III. Masters of Ships reporting themselves on arrival.

+

Whenever a British vessel shall have cast anchor at any one of the above-mentioned ports, the Captain will, within four and twenty hours after made to, and ships' III. Report to be arrival, proceed to the British Consulate, and deposit his ship's papers, bills papers, &c., to be of lading, manifest, &c., in the hands of the Consul; failing to do which, he deposited with, the

Consul. will subject himself to a penalty of two hundred dollars.

For presenting a false manifest, the penalty will be five hundred For false manifest: Penalty for neglect; dollars.

For breaking bulk and commencing to discharge, before due permission And for breaking shall be obtained, the penalty will be five hundred dollars, and confiscation bulk before per- of the goods so discharged.

mitted.

The Consul, having taken possession of the ship's papers, will imme- Communication of diately send a written communication to the Superintendent of Customs, arrival to the specifying the register tonnage of the ship, and the particulars of the cargo Superintendent of she has on board; all of which being done in due form, permission will then Customs. be given to discharge, and the duties levied as provided for in the Tariff.

IV. Commercial Dealings between English and Chinese Merchants.

Gov.-Genl.

L. S.

of

L. S. of

the Supt.

of

Customs.

of the Two Kwang.

L. S.

of

High

Commis-

sioner.

L. S

of Governor

of Canton.

(A true abstract-reference numbers to the Alphabetic List being inserted in place of the amounts of duty, those amounts having been carefully compared and found correct.)

(Signed) J. ROBT. MORRISON,

Chinese Secretary and Interpreter.

IV. Mode of

agents, &c.

It having been stipulated that English merchants may trade with what- ever native merchants they please,should any Chinese merchant fraudu- proceeding against lently abscond or incur debts which he is unable to discharge, the Chinese fraudulent debtors, authorities, upon complaint being made thereof, will of course do their utmost to bring the offender to justice; it must, however, be distinctly understood, that if the defaulter really cannot be found, or be dead, or bankrupt, and there be not wherewithal to pay, the English merchants may not appeal to the former custom of the Hong Merchants paying for one another, and can no longer expect to have their losses made good to them.

1

16

94

V. A tonnage

due payable in full of all charges.

VI. Duties to be

charged according to tariff, and to be subject to no other

fees.

VII. Goods to

be examined by Custom-house

V. Tonnage Dues.

Every English merchantman, on entering any one of the above-mentioned five ports, shall pay tonnage-dues at the rate of five mace per register-ton, in full of all charges. The fees formerly levied on entry and departure, of every description, are henceforth abolished.

VI. Import and Export Duties.

1

Goods, whether imported into, or exported from, any one of the above- mentioned five ports, are henceforward to be taxed according to the Tariff as now fixed and agreed upon, and no further sums are to be levied beyond those which are specified in the Tariff.

All duties incurred by an English

merchant-vessel, whether on goods imported or exported, or in the shape of tonnage-dues, must first be paid up in full; which done, the Superintendent of Customs will grant a port-clearance, and this being shown to the British Consul, he will thereupon return the ship's papers, and permit the vessel to depart.

VII. Examination of Goods at the Custom-house.

Every English merchant, having cargo to load or discharge, must give due intimation thereof, and hand particulars of the same to the Consul, who will immediately dispatch a recognized linguist of his own establishment to officer, in presence communicate the particulars to the Superintendent of Customs, that the goods may be duly examined, and neither party subjected to loss. The English merchant must also have a properly qualified person on the spot to attend to his interests when his goods are being examined for duty; otherwise, should there be complaints, these cannot be attended to.

of merchant's

agent.

Disputes regarding value for ad valorem duties, how settled.

Tare how fixed.

Appeal to Consul where disputes can-

not otherwise be settled.

VIII. Duties to

shroffs.

Regarding such goods as are subject by the Tariff to an ad valorem duty; if the English merchant cannot agree with the Chinese officer in fixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase, shall be assumed as the value of the goods.

To fix the tare on any article, such as tea; if the English merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall after- wards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon all other goods in packages.

the If there should still be any disputed points which cannot be settled, English merchant may appeal to the Consul, who will communicate the par- ticulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made on the same day, or it will not be regarded. While such points are still open, the Superintendent of Customs will delay to insert the same in his books, thus affording an opportunity that the merits of the case may be duly tried and sifted.

VIII. Manner of Paying the Duties.

It is herein before provided, that every English vessel that enters any one be paid to licensed of the five ports, shall pay all duties and tonnage-dues before she be per- mitted to depart. The Superintendent of Customs will select certain shroffs, or banking establishments, of known stability, to whom he will give licences, authorizing them to receive duties from the English merchants on behalf of Government, and the receipt of these shroffs for any moneys paid them shall In the paying of these duties, be considered as a Government voucher. different kinds of foreign money may be made use of; but as foreign money is not of equal purity with sycee silver, the English Consuls appointed to the different ports will, according to time, place, and circumstances, arrange with

Payment may be

made in foreign

money.

}

17

the Superintendents of Customs at each, what coins may be taken in payment, Per centage on and what per centage may be necessary to make them equal to standard or foreign money, how pure silver.

IX. Weights and Measures.

Sets of balance-yards for the weighing of goods, of money-weights, and

fixed.

IX. Standard

of measures, prepared in exact conformity to those hitherto in use at the weights and mea- Custom-house of Canton, and duly stamped and sealed in proof thereof, will sures, for duties. be kept in possession of the Superintendent of Customs, and also at the Bri- tish Consulate at each of the five ports; and these shall be the standards by which all duties shall be charged, and all sums paid to Government. In case of any dispute arising between British merchants and Chinese officers of Customs, regarding the weights or measures of goods, reference shall be made to these standards, and disputes decided accordingly.

X. Lighters or Cargo Boats.

Whenever any English merchant shall have to load or discharge cargo,

he may hire whatever kind of lighter or cargo-boat he pleases, and the sum may be engaged as

X. Any boats to be paid for such boat can be settled between the parties themselves, with lighters, without out the interference of Government. The number of these boats shall not be

limit or monopoly. limited, nor shall a monopoly of them be granted to any parties. If any smuggling take place in them, the offenders will of course be punished according to law. Should any of these boat-people, while engaged in con- veying goods for English merchants, fraudulently abscond with the property, the Chinese authorities will do their best to apprehend them; but, at the same time, the English merchants must take every due precaution for the safety of their goods.

XI. Transshipment of Goods.

No English merchant-ships may transship goods without special per- mission should any urgent case happen where transshipment is necessary, ments only to be XI. Transship- the circumstances must first be submitted to the Consul, who will give a cer- made with special tificate to that effect, and the Superintendent of Customs will then send special officer to be present at the transshipment. If any one presumes to transship without such permission being asked for and obtained, the whole of the goods so illicitly transshipped will be confiscated.

XII. Subordinate Consular Officers.

licence.

XII. Subordinate

At any place selected for the anchorage of the English merchant-ships, there may be appointed a subordinate Consular officer, of approved good officers may be conduct, to exercise due control over the seamen and others. He must appointed at the exert himself to prevent quarrels between the English seamen and natives, shipping. this being of the utmost importance. Should any thing of the kind un-

anchorages of the fortunately take place, he will in like manner do his best to arrange it amicably. When sailors go on shore to walk, officers shall be required to accompany them; and should disturbances take place, such officers will be held responsible. The Chinese officers may not impede natives from coming alongside the ships to sell clothes or other necessaries to the sailors living on board.

XIII. Disputes between British Subjects and Chinese.

Whenever a British subject has reason to complain of a Chinese, he must first proceed to the Consulate and state his grievance. The Consul to be settled, if

XIII. Disputes will thereupon inquire into the merits of the case, and do his utmost to possible, amicably arrange it amicably. In like manner, if a Chinese have reason to complain (by arbitration).

D

-- "די.

7

20

Addresses of

British merchants to Chinese officers.

18

of a British subject, he shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If an English merchant have occasion to address the Chinese authorities, he shall send such address through the Consul, who will see that the language is becoming; and, if otherwise, will direct it to be changed, or will refuse to convey the address. If, unfortu- nately, any disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of a Chinese officer, that they may together examine into the merits of the case, and decide it equitably. Regarding the punishment of English criminals, the English Chinese and English Government will enact the laws necessary to attain that end, and the respectively. Consul will be empowered to put them in force; and regarding the punish- ment of Chinese criminals, these will be tried and punished by their own laws, in the way provided for by the correspondence which took place at Nanking, after the concluding of the peace.

Punishment of

XIV. A Govern-

stationed in each

port.

XIV. British Government Cruizers anchoring within the Ports.

An English Government cruizer will anchor within each of the five ment vessel will be ports, that the Consul may have the means of better restraining sailors and others, and preventing disturbances. But these Government cruizers are not to be put on the same footing as merchant-vessels; for, as they bring no merchandize, and do not come to trade, they will of course pay neither dues nor charges. The Resident Consul will keep the Superintendent of Customs duly informed of the arrival and departure of such Government cruizers, that he may take his measures accordingly.

XV. The British

Consul will be

46

"Security" for

British ships.

XV. On the Security to be given for British Merchant-Vessels.

It has hitherto been the custom, when an English vessel entered the port of Canton, that a Chinese Hong merchant stood security for her, and all duties and charges were paid through such security-merchant; but these security-merchants being now done away with, it is understood, that the British Consul will henceforth be security for all British merchant-ships entering any of the aforesaid five ports.

(L.S.)

HENRY POTTINGER.

Seal and

Signature

of the

Chinese

Plenipotentiary.

Immediate

с

15. Apl. Pos. Letter to Forigen Office

koy. Song Hang.

95

ED

die,

I

аш

C.O.

FR 8

$44

Foreign Office, April 6. 1966.

1844.

directed by The Earl of Aberden

I aquest that you will acquaint bendklenbyg that the Law Officers of

expressed

l

the Crown have

wish to be made acquainted

with the precise nature of the power at present vested in the Chief Justice

with reference

made to them

Jus

this

a

of

suggestion office, forended recommendation, theat

Sie Kenny Pottinger's the Chief Justive should be empowered

ew

to proceed to the Parts in China, if necessary, for the purpose of liging the spot serious offences committed by British subjects. This recommendation is contained in sie Henry Pottinger's

2 W. Hope Ge

despalet

ti

1

38

despatite to Lord Aberdeen 20.9o. of

of July, a lify of

direct to Lord Stanley

I

am

You will move

the 2b.

which be transmitted

accordingly to request that

LordStanly whave the

goodness to direct the information requested by the Law

Office,

as

sern

6

дне

Officess

as

to be sent to this

it

be convenients

may

may

to do so, in order that it

be submitted to this consideration.

Lam, Si,

Jun moshobedient,

humble servent,

AleAddington.

Hongkong

де

Is Aldingtime bef

19441

Forwarded by APE:

BR

R Chapman

12

MEStephen 12

"

Hope

Levi Stanley /4

kin

Co

1900.

1. Afiel 1844.

96

Crown

Staring laid before Sid Statily you letter of the 6 test, requesting Cestare infinuation for the guidance alle Law Offices filter

to the with referme fowns ofthe Chi: Justice of Hong Kong to proceed to the Ports in China, finerpary, further pumpore

the spot

Lenson's offences Committed by British subjects, Fam dicted this Lendship lostate to you, further wifirmations of the bail.

{

J

18

Abudeen that such

howns can be conferred

on

Loure

Local the models

mathment to be made by the Supp! & Governor with th. A dine ghis legislative

of

Commeil, that no

intelligime fany such of Frachment: having been water has arged reached

مول الكاسات

:

97

:

!

}

8.B.boy Hongkon M. Stathon

974

The Act opportament raped in the bession of 1843 together with. Sii # Pottengo's commission 9 Instructions were considered sufficient to meet his recommendin

with regard to the Adminstration of Justice in thrupkons

as described in

Respatch to Lord Abertan

1

...

i

$90 of 26 duly and other Sir R. Pottergen was affrized in

in

Ford Hanley's despatch. 8. 20 of 15 Shor (43

But no comm

ameation

no comencem cut.

has as yet been reising

from the Hory

L.

enbject-

lence

corresponden

}

Lis

anna

real

for

your further information

8Mful./22.

98

**

Immediate.

876 Chma

RECEIVED

APR 22

1844

Foreign office,

April 20, 1844.

conferred

and

بهشهر

the ansios

nusp

iscal

the advice

Wisherks reached the Counter- that no intelligence of

Louny

whether the

case

Ar

to be that the pores in

les

Enactment to be made by the Experintend

the Légritésion

Corneil

of by

2 г гл ипа

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77

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1778

to the

Receding

In effect misleplenis

preving arti Gions ther

вишные

Spiel 10.

Suform the F. J.

114

l L 24

4.30 April

May ogor

Sir,

I am directed

by

to transmit to you

The Earl of Aberdeen

herewith the Draft of

an Order in Council which it is

is proposed

Act

to ifue under this foreign Jurisdiction Not

7th

of the.

the last Session, authorining. Her Majesty's

Consuls and Vice (onsuels in China, aswell as other Persons therein specified, to

Exercise Jurisdiction

over

British

in China in Criminal and

حل

Subjects in in Civil cases; and appointing the Colony of Hong Kong as the British Colony wherein crimes and offences committed by British subjects within the

Dominions

G. W. Hope raft

с

99

Dominions of the Emperor of China,

may be inquired of, tried, determined and punished.

Iame to request that in laying this Draft before Lord Stanley, for his early consideration, you will state to His Lordship that the Law Officers of the (rown have expressed their...

concurrence in it's terms;

Aberdeen defers sending

but that Lord

it to the founcil

Office for promulgation, until he shall be

informed, whether it also meets with dord

Stanley's concur

concurrence.

Jam, Sir, Your most obedient

humble servant

Egering

100

A

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out of the fund of the Fahren. the ephemere ofthe Judge's Cinemili when the reassity of pagan bilen Well, to ferro le futandisunderstanding, of can be concurred in. I thich it. u. be In the authing of the Law off this short

الدمام

24

4Ap:

M. Hofe

and

the Supersilindent sh

conflicting authorities over

and improbable incon

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the Judge

to be the God. I know not how the

o be neconciled. This however in a remote

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the place of Frial I presume that there can

// static verbally

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be no objections.

liable to heave to C.

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British Conents at the Chinese Ports with a Jurisdictions

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opinion

7

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night, although

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BRANSTON

ERSMAVEK

MON DROITS W

ANNO SEXTO & SEPTIMO

VICTORIÆ REGINÆ.

***

CA P. XCIV.

An Act to remove Doubts as to the Exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Ma- jesty's Dominions, and to render the same more effectual.

[24th August 1843.]

HEREAS by Treaty, Capitulation, Grant, Usage, Suffer- ance, and other lawful Means Her Majesty hath Power and Jurisdiction within divers Countries and Places out of Her Majesty's Dominions: And whereas Doubts have arisen how far the Exercise of such Power and Jurisdiction is controlled by and The Power dependent on the Laws and Customs of this Realm, and it is expe- Her Majesty acquired by dient that such Doubts should be removed: Be it therefore enacted in Countries by the Queen's most Excellent Majesty, by and with the Advice out of Her and Consent of the Lords Spiritual and Temporal, and Commons, Dominions in this present Parliament assembled, and by the Authority of the shall be held same, That it is and shall be lawful for Her Majesty to hold, exer- Terms as cise, and enjoy any Power or Jurisdiction which Her Majesty now Her Ma- hath or may at any Time hereafter have within any Country or jesty's Au- Place out of Her Majesty's Dominions, in the same and as ample a thority in Manner as if Her Majesty had acquired such Power or Jurisdiction Colonies. by the Cession or Conquest of Territory.

II. And

11 K

on the same

the Crown

103

958

pursuance of

6° & 7° VICTORIE, Cap. 94.

Acts done in II. And be it enacted, That every Act, Matter, and Thing which such Power may at any Time be done, in pursuance of any such Power or Juris- to be of the diction of Her Majesty, in any Country or Place out of Her Ma- same Effect jesty's Dominions, shall, in all Courts Ecclesiastical and Temporal and elsewhere within Her Majesty's Dominions, be and be deemed and adjudged to be, in all Cases and to all Intents and Purposes whatsoever, as valid and effectual as though the same had been done according to the local Law then in force within such Country or Place.

as if done under local Laws.

Courts au-

procure Evi-

III. And be it enacted, That if in any Suit or other Proceedings, thorized to whether Civil or Criminal, in any Court Ecclesiastical or Temporal dence of such within Her Majesty's Dominions, any Issue or Question of Law or Power by

of Fact shall arise for the due Determination whereof it shall, in the Application Opinion of the Judge or Judges of such Court, be necessary to to Secretary produce Evidence of the Existence of any such Power or Juris- of State. diction as aforesaid, or of the Extent thereof, it shall be lawful for the Judge or Judges of any such Court, and he or they are hereby authorized, to transmit, under his or their Hand and Seal or Hands and Seals, to One of Her Majesty's Principal Secretaries of State, Questions by him or them properly framed respecting such of the Matters aforesaid as it may be necessary to ascertain in order to the due Determination of any such Issue or Question as aforesaid; and such Secretary of State is hereby empowered and required, within a reasonable Time in that Behalf, to cause proper and sufficient Answers to be returned to all such Questions, and to be directed to the said Judge or Judges, or their Successors; and such Answers shall, upon Production thereof, be final and conclusive Evidence, in such Suit or other Proceedings, of the several Matters therein con- tained and required to be ascertained thereby.

Power to

IV. And whereas it may in certain Cases be expedient that Crimes send Persons and Offences committed within such Countries or Places as aforesaid charged with

should be inquired of, tried, determined, and punished within Her Crimes for Trial to a

Majesty's Dominions; be it enacted, That it shall and may be lawful British Co- for any Person having Authority derived from Her Majesty in that lony. Behalf, by Warrant under his Hand and Seal, to cause any Person charged with the Commission of any Crime or Offence the Cogni- zance whereof may at any Time appertain to any Judge, Magistrate, or other Officer of Her Majesty within any such Country or Place as aforesaid, to be sent for Trial to any British Colony which Her Majesty may by any Order or Orders in Council from Time to Time appoint in that Behalf; and upon the Arrival of such Person within such Colony it shall and may be lawful for the Supreme Court exercising Criminal Jurisdiction within the same to cause such Person to be kept in safe and proper Custody, and, so soon as conveniently may be, to inquire of, try, and determine such Crime or Offence, and upon Conviction of the Person so charged as afore- said to correct and punish him according to the Laws in force in that Behalf within such Colony, in the same Manner as if the said Crime or Offence had been committed within the Jurisdiction of such Supreme Court: Provided always, that before any such Person

shall

6° & 7° VICTORIÆ, Cap.94.

959

which shall

shall be sent for Trial to any such Colony as aforesaid it shall be Before any lawful for him to tender for Examination to the Judge, Magistrate, such Person or other Officer of Her Majesty to whom the Cognizance of the shall be sent

to any Co- Crime or Offence with which he is charged may appertain, within

lony for Trial the Country or Place where the same may be alleged to have been he may ten- committed, any competent Witness or Witnesses, the Evidence of der any ma- whom he may deem material for his Defence, and whom he may dence that terial Evi- allege himself to be unable to produce at his Trial in the said he would be Colony; and the said Judge, Magistrate, or other Officer shall unable to thereupon proceed in the Examination and Cross-examination of such produce on Witness or Witnesses in the same Manner as though the same had Trial, and been tendered at a Trial before such Judge, Magistrate, or other be taken Officer, and shall cause the Evidence so taken to be reduced into down and Writing, and shall transmit a Copy of such Evidence to the Supreme transmitted. Court before which the Trial of such Person is to take place, together with a Certificate under his Hand and Seal of the Cor- rectness of such Copy; and thereupon it shall be lawful for the said Supreme Court, and it is hereby required, to allow so much of the Evidence so taken as aforesaid as would have been admissible according to the Law and Practice of the said Supreme Court, had the said Witness or Witnesses been produced and examined at the Trial before the said Court, to be read and received as legal Evidence at such Trial: Provided also, that if it shall be made to appear at In case the such Trial that the Laws by which the Person charged with any place in Criminal Act would have been tried had his Trial taken place before which the

Laws of the

a Judge, Magistrate, or other Officer of Her Majesty in the Country Act was com- or Place in which such Act may be alleged to have been committed, mitted vary vary from or are inconsistent with the Laws in force within such from those

of the Colony Colony, in respect either of the Criminality of the Act charged, or the Court of the Nature or Degree of the alleged Crime or Offence, or of may give the Punishment to be awarded for the same, such Supreme Court effect to is hereby empowered and required to admit and give effect to the Laws by which such Person would have been so tried as aforesaid, so far as but not further or otherwise than the same relate to the Criminality of such Act, or to the Nature or Degree of such Crime

them.

or Offence, or to the Punishment thereof: Provided also, that nothing Nothing herein contained shall be construed to alter or repeal any Law, herein to alter any Crime or Offence com- Statute, or Usage by virtue of which any

Law respect- mitted out of Her Majesty's Dominions might, at the Time of the ing Crimes passing of this Act, be inquired of, tried, determined, and punished committed within Her Majesty's Dominions, or any Part thereof, but the same out of Her shall remain in full Force and Effect, any thing herein contained to Majesty's the contrary notwithstanding.

Dominions.

victs for

V. And whereas it may likewise in certain Cases be expedient Power to that the Sentences passed within such Countries and Places as afore- send Con- said at the Trial of Crimes and Offences within the same should be

Execution carried into effect within Her Majesty's Dominions; be it enacted, or Imprison- That if any Offender shall have been sentenced to suffer Death or ment to a Imprisonment for or in respect of any Crime or Offence of which British such Offender shall have been lawfully convicted before any Judge, Colony. Magistrate, or other Officer of Her Majesty within any such Country

or

104

}

4

960

Power to transport Convicts.

Actions.

6° & 7° VICTORIÆ, Cap.94.

or Place as aforesaid, it shall be lawful for any Person having Autho- rity derived from Her Majesty in that Behalf, by Warrant under his Hand and Seal, to cause such Offender to be sent to any British Colony which Her Majesty may by any Order or Orders in Council from Time to Time appoint in that Behalf, in order that the Sentence so passed upon such Offender may be carried into effect within the and the Magistrates, Gaolers, and other Officers to whom it may appertain to give effect to any Sentence passed by the Supreme Court exercising Criminal Jurisdiction within such Colony are hereby empowered and required to do all Acts and Things necessary to carry into effect the Sentence so passed upon such Offender, in the same Manner as though the same had been passed by such Supreme Court.

VI. And be it enacted, That if any Offender shall have been ordered or sentenced to be transported beyond the Seas by any Judge, Magistrate, or other Officer of Her Majesty within any such Country or Place as aforesaid, or, having been adjudged to suffer Death, shall have received Her Majesty's most gracious Pardon upon Condition of Transportation beyond the Seas, it shall be lawful for any Person having Authority derived from Her Majesty in that Behalf to cause such Offender to be sent to any Place beyond Seas to which Convicts may at any Time be lawfully transported from any Part of Her Majesty's Dominions, and, if there shall be no convenient Means of transporting such Offender without bringing him to England, to cause such Öffender to be brought to England in order to be transported, and to be imprisoned in any Place of Confinement provided under the Authority of any Law or Statute relating to the Transportation of Offenders convicted in England, until such Offender shall be transported or shall become entitled to his Liberty; and as soon as any such Offender shall have arrived at the Place to which he may be transported, or, if brought to England, shall have been there imprisoned as aforesaid, all the Provisions, Rules, Regulations, Authorities, Powers, Penalties, Matters, and Things concerning the safe Custody, Confinement, Treatment, and Transportation of any Offender convicted in Great Britain shall extend and be construed to extend to such Offender as fully and effectually, to all Intents and Purposes, as if such Offender had been convicted and sentenced at any Session of Gaol Delivery holden for any County in England.

Limitation of VII. And be it enacted, That if any Suit or Action shall be brought in any Court within Her Majesty's Dominions against any Person or Persons for any thing done in pursuance of any such Power or Jurisdiction of Her Majesty as aforesaid or of this Act, then and in every such Case such Action or Suit shall be commenced or prosecuted within Six Months after the Fact committed, and not afterwards, except where the Cause of Action shall have arisen out of Her Majesty's Dominions, and then within Six Months after the Plain- tiff or Plaintiffs and Defendant or Defendants shall have been within the Jurisdiction of the Court in which the same may be brought; and the same and every such Action or Suit shall be brought in the County or Place where the Cause of Action shall have arisen,

and

6° & 7° VICTORIÆ, Cap.94.

961

and not elsewhere, except where the Cause of Action shall have arisen out of Her Majesty's Dominions; and the Defendant or De- fendants shall be entitled to the like Notice, and shall have the like Privilege of tendering Amends to the Plaintiff or Plaintiffs, or their Agent or Attorney, as is provided in Actions brought against any Justice of the Peace for Acts done in the Execution of his Office by an Act passed in the Twenty-fourth Year of the Reign of King George the Second, intituled An Act for the rendering Justices of 24 G. 2. c. 44. the Peace more safe in the Execution of their Office, and for indem- nifying Constables and others acting in obedience to their Warrants ; and the Defendant or Defendants in every such Action or Suit may plead the General Issue, and give the special Matter in Evidence; and if the Matter or Thing complained of shall appear to have been done under the Authority and in execution of any such Power or Jurisdiction of Her Majesty as aforesaid or of this Act, or if any such Action or Suit shall be brought after the Time limited for bringing the same, or be brought and laid in any other County or Place than the same ought to have been brought or laid in as aforesaid, then the Jury shall find for the Defen- dant or Defendants; and if the Plaintiff or Plaintiffs shall become Nonsuit, or discontinue any Action after the Defendant or Defendants shall have appeared, or if a Verdict shall pass against the Plaintiff or Plaintiffs, or if upon Demurrer Judgment shall be taken against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover Treble Costs, and have the like Remedy for Recovery thereof as any Defendant or Defendants hath or have in any Cases of Law.

Sect. 4. of

VIII. And be it enacted, That from and after the First Day of Repeal of October in the Year One thousand eight hundred and forty-four so 6 G. 4. c. 33. much of an Act passed in the Sixth Year of His late Majesty King and of 6 & 7 George the Fourth, intituled An Act to repeal certain Acts relating W. 4. c. 78. to the Governor and Company of Merchants of England trading to the Levant Seas, and the Duties payable to them; and to authorize the Transfer and Disposal of the Possessions and Property of the said Governor and Company for the Public Service, as provides, "that from and immediately after the Enrolment of any such Deed or Instrument as therein mentioned all such Rights and Duties of Juris- diction and Authority over His Majesty's Subjects resorting to the Ports of the Levant, for the Purposes of Trade or otherwise, as were lawfully exercised and performed, or which the Letters Patent or Acts by the said Act recited, or any of them, authorized to be exercised and performed, by any Consul or other Officers appointed by the said Company, or which such Consuls or other Officers lawfully exercised and performed under and by virtue of any Power or Authority whatever, should, from and after the Enrolment of such Deed or Instrument as aforesaid, be and become vested in and should be exercised and performed by such Consuls and other Officers respectively as His Majesty might be pleased to appoint for the Protection of the Trade of His Majesty's Subjects in the Ports and Places respectively mentioned in the said Letters Patent and Acts, or any or either of them;" and also that from and after the passing of this Act an Act passed in the Parliament holden

11 L

105

962

Act may be amended or repealed.

6° & 7° VICTORIE, Cap. 94.

holden in the Sixth and Seventh Years of His said late Majesty King William the Fourth, intituled An Act to enable His Majesty to make Regulations for the better defining and establishing the Powers and Jurisdiction of His Majesty's Consuls in the Ottoman Empire, shall be and the same are hereby repealed, save as to any Matter or Thing theretofore done under the Authority of the same respectively.

IX. And be it enacted, That this Act may be amended or repealed by any Act to be passed during this Session of Parliament.

LONDON: Printed by GEORGE E. EYRE and ANDREW SPOTTISWOODE, Printers to the Queen's most Excellent Majesty. 1843.

1

196

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896 Chin

107

"

Whereas by a certain

Act oftacliament made and prepared in the depera of

session

Parliament holden in the

Sinth and Seventh years of

Here Magisty'. Keiga, mittiteadl

"An Act

Ju

the better

severnment of the Majestys

"Subjects exerting boshine", it is amongst other things

exactect that it shall

be lawful for the leajesty,

h

any

Ender w

Orders

made with the adorne

He Majesty's Privyfamil, to the Zvernment

irdain for

847

ofther Majesty balgets bring

within the dominions

I The

Emperor offline, or being

within

any

Ship or Vessel

at a distance of

thou

one

not more

hundred miles.

from the feast of China,

any haw

ir

Anticance

which to the Magisty

Council

may es fully and

as any

in

seem meet,

one out offectually

such haw

or

Intinance contel be made

Majesty by the legatz in Camil In the Government of the Majesty's bulgents being within the Island of thought

und

A

A

108

And wheat by a certain othe

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Act of Parliament made and paped in the defion of

Parlament holden as

afresaid, intituled An

"Act to remove

"to the exercise

denbets as

If power and

"invisdiction lytter Majesty

within divers Countries and

"places out of the Majesty's

deminions, and to render

the same more

effectual,"

it is amongst other things

evaitect that it is and

shall be lawful for the Majesty Whold, exercise, and enjoy any

enjoy any power

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Country

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place out of Majesty's dominions, in

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Majesty had acquired

such power or juriadiction by the cepsion or conquest of territory: And whereas

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in pursuance of

109

the abovee

recited Acts, or wither

them, the Majesty

и

pleased, by and with He Pring

the advice

Comics, to order, and it is hereby ordered that Her Majesty's Crawls and Vice Consuls resident

within the said Dominions

such other persons as

or su

by Warrant under the

of

hand and seal of the chief Superintendent, the hace of the Magisty's Subjects infties for

thin

the

1

IN, MINTY 1 g a

thane being, shall be appointed to act prorrsiently

as Consuls or Reefansuls, chall, severally, in the

Disticts within which they may respectively be appointed to reside, have

and hold all necessary power and authenty b

over

caenise jurisdiction Bitish bulgits within

such biskits as aforesaid, for the repupin and

crimes and

punishment of offences by their committed within the Dominions of then Referon ofhina, and pr

A

110

the arrangement and settlement

of all

all and

and all manner of

differences, contentions, suits, and variances, that may or shall happen

between them

them

;

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or

to arise

в

any of

and shall

have

power and

режис

far as in their

authority, as far

منا

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settle all and all

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and

or

contentions, suit, and variances, that may shall happen between British Suligents

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Jint.

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Act it is enacted that

it shall be lawful for

Her Majesty by any Commission or Commissions under the Great Seal of the

United Kingdom, or by any

instructions muder the Mipity's

Signet and Sign Manual

accompanying.

and refiend to

1

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111

in

in any such Commission Commission, to authorize the Superintendent of the Trade of Her Majesty's bubjects Cheri (to long as such Superintendent shall be also Governor of the Island of Hong kong ] to enact with the adone of the Legislative Council of the said Soland

of Hongkong, all such Laws

and Ordinances ar

may

from time to time be required for the peace, order, and good government of Her Majesty's Subjects

being

**

being within the Dominions

on

on

of the Emperor of China, being within any Ship Vepel at a distance of not

more than one

hundred

Miles from the past of Cena, and to enforce the excention of such Laws and Premances by such Penalties and Forfeitures as to him, by

the advice aforesaid, thall

seeon fit,

fit; and Whereas

has been

Her Majeity pleased to grant suck commession as aforesaid to John Francis Davis Esquire appointed

112

en

appointed by Her Majesty Superintendent of the Trade of Her Subjects in China, the Superintendent for the time being of such Trade, how therefore Her Majesty in pleased, by and with the advice of Her Pring Council, to order, and it

ordered that

is here by Her Majesty's Consuls and Vice Consuls in Chenã

Persons acting

any

provisionally

as

on

sneh

Coals or Vice Consuls

as aforesaid, thall in the exercise of the jurisdiction granted

granted unto them by this present bider, be governed by such Laws and Ordenances. in that behalf as may

be what Eustis Effect .

enacted in the manner

j

and form aforesaid by the Superintendent of this Trade of Her Majesty's Subjects

in China for the

time being, being the Governor of Hongkong:

and in further

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in Her Majesty

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113

" power and jurisdiction by. Her thajesty within " diver's places out of her "Dominions and for rendering

" the same more effectually

Her Majesty in pleased, by and with the advice of Her Privy Council,

to

7

appoint the Colony of

Hongkong as the British

Colony

wherein crimes

and offences

committed

by British Subjects

within the Dominions

of the Emperor of China which it may be expedientk

should

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be so ing mored of,

fried

determined and punished,

and that Her Majesty's

Consuls, Free Consals,

т

other Persons provciconally acting as such under Warrant from the Crief Superintendent of British Trade in China, aforesaid, shall have

as

authority

114

authority to cause any Butlich Subject charged with the Commission of any crinie or offence the cogniganu where of may at any time appertain to them or any

of them, to be sent for trial to the said Colony

of Hongkong, and it is further ordered that thes theef Instice of the Colong

being

time

of Hongkong for the line

or other Person provisionally acting as such, shall when duly

required

1

: 2quired by the said

Superintendent, proceed

to the Dominions

of

The

Emperor of China, and shall

have power and an

athority

within the said Dominions, to inquire of, try, determine

and punish, any crimes offences committed

or

br.

by British Subjects we thin

the said Dominions.

And the Right Honourable. The Earl of Aberdeen and The Right Honourable

Lord

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115

Lord Stanley, two of Wen

Majesty's Principal Secretaries of State,

are to give the necessary directions herein

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186 China

117

RECEIVED

APR 24

1844

Freign offer, April 22. Ber

1844.

swered

l and 24 Mr.

Anwaed 30 April

May to Gund

With usereure boiy

the Braft of

lo

letter

Асе

hauteni thing

lomfevering

au

of the 20

the 20th Instand Council

Order in

Her Stagshy's Consuls in China. therein specified

persons

and other

Jurisdiction over

lo cxenite

Bilish subjects.

вали

Aberdeen

to

Entred of

Parl

disled by the Enal of

handmit to you

5

herewith

་་

Anport of the Law Offices dated the

Re

h

that

29 5 of theory last, recommending. an Ander in Conmil chould be pafund

au

for this purpose

Ader which was

J. H. Hope Exte

м

:

the Braft of an

in

consequence prepared

Aurel

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adame

and submitted to the Law Officers;

a

of

their report daled the 3. of April,

seegges ting

Copy of

Сору

alterations in the Druft; and as

their further report daled the 18. of April, approving with certain alterations

1

May

the amended truft

In requesting that the inclosed Papers

be bid before howdhanter, I am

to add that the alterations suggested

were

the daw Offiest Braft hansmitted to

of the 20! Instant.

Lam, Sis

inserted in the

зна

in

Your most obedient. humble servant,

my

Canning

lellen

Ente

675

700)

Governor Davis Liv

Forwarded by MAY. 37% undosh 10

Stephen 2

Leebinder //

24 May (1847

2:16

118

will have

relived from the Earl berdeen a long of the of Aberde

Order made

ou

Min

نا

the 17uldiced for conferring on It Mesponses триня, Mice Corton Cs in China an do ther persons therein specified the power to herice juridictions. Bontiol sulpets in thing British and appointin Colour of Hongthong The British Colony

был

infhina,

the

ест

wherein

crimes and offencer Committed (British

Subpats within the Doming of the Emperor of China. maybe tied Spunished. You will also havere? from Lord Aberdeen

full misturctions for your Guidance in carrying this Order into effect !

me

Mudes these circumstances it is unnecessary for Stranomil Bock a lofty. of the Oing or to fumith

face

with he

additional

Molucctions on the dafed. But I think it necesary tostate that the Draft of

This Order was communicated

Home & the Earl of Aberden

Ethe eviously bits being de bruitted for the approval

and that

A Min

Belging

the pricious

of the Law Offices of the

Crown,

Я

gave my

concurrence

to it sofar as regarded

the (glong of Stonghong.

I considered it however;

119

Recepney Bostipulate that whenever the Chief Justice of that Colong showed

be required, in vistice of this Order, to proceed tung part of the Chinese Empire harboys his & pauses should be defraged out of the Fund the Superintendent of Frade - and Ineed seanly Янееднакв add that in thewercise

Z

heinti

of the power con ferredon you of requiring замор

ей repair to places beyond The Colony of Songthong, it would be goun dut so to arrange

lis absence

ofhis

the periods

That thi

Rublic interests of the folory should not be therly expared to

mconvenience.

Shavere

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120

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72

T

Se h: bgb

you

686 Chann

RECEIVER

The question put to the Law a

Jcbruner, was,

༩༩) ༡

121

the 297 of

"Whether the concesion of pissedition

British Subjects

in China recorded

(^

"1

ltan

Theilenth Article" [ of the Fifteen totiles"; "is sufficient

to authorize

measure s

being.

taken for empowering.

British Consuls to exercise that Jurisdiction; and-

if so,

whether the shine st

g

the last Session

of Parliament is sufficient to enable the

Chief Superintendent to make the

this respect,

11a

provision be advisable to papi

lv

n

necessary.

whether it would

Arden in Commit

under the Breign Jurisdiction Act for

that

purpose?"

answer

was

(Jalmar 29)

be

"We think that it would.

advisable to pass

им

Order in Cornsil

under

I

+

Į

}

under the Trige Jmisdiction Act, for

the

purpose

A

9

authorizing

measures

to be lähem

for componering British Consuls, to exenise

He Jurisdiction in

China."

que thin

Bitish Subjuts

122

- ..

Cabinet

Jum

the Law

Sheracy

29.

a

1844.

Officiers,

Report

cabul

123

j

Draft

68612

RECEVED

APR 24 1844

hereas by

and

RECORD

OFF

a certain

Order in Council relating Act of Parliament made

& China.

and paped in the Session

of Parliament holder in the Sixth and Seventh years of Her Majestyy Reign,

intituled "An Act to

"remove doubts as to the

L

Exercise of power and

jurisdiction by Her Majesty

within divers countries and

"places out of Her Majestyjś

Doncinions, and to render

The same more

Effectical","

it is amongst other thing

macted

Enacted that it is and

shall be lawful for Her

Majesty

to hold, Exercise,

or

and Enjoy any power o jurisdiction which Her

now hath

Majesty

at any

hath, or may time hereafter

have, within any country or place out of Her

Majesty's

Dominions,

as ample

in the same and as

the

a manner as if Her Majesty had acquired such power or jurisdiction by cession or conquest of territory: and whereas

Ber

124

Her Majesty hath power and jurisdiction in the Dominions of The Emperor

of China : how therefore, in

pursuance of the above- -recited Act, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it

is hereby ordered, that Her Majesty's Consuls and Nice fonsuls, residents within the said Dominions,

by

or such other Persons as Warrant under the hand and seal of the Chief Superintendent of

the

?

the Trades of Her Majesty's Subjects in China shall be appointed to act provisionally as Consuls

or Vice Consuls, shall

have and hold all

necesary power and

authority

to Exercise

jurisdiction over British Subjects in China for the repression and punishment oferimer and offences by them committed

within the Dominions

f

The Emperor of China,

and for the arrangement

and

125

and settlement of all and

all manner of differences,

contentions, suits, and variances that may

ση

shall happen to arike between them or any of

them, and between British Subjects and the Subjech of the Emperor of Spina : and it is further ordered that the said Consuls,

Vice Consuls, or Persons acting provisionally a

Consuels or

Vice

ad

fonacels,

shall in the Exercise

of the Jurisdiction aforesaid

proceed

126

as

proceed as far possible in conformity and correspondence

with the Proceedings

which in like cases

would be prescribed by the law and practice of England, regard being

had to the difference of local circumstances; and shall moreover have authority to enforce and Execute all laws and ordinancer which have may be enacted

been or

or m

оро

>

or u

made under and in

virtue of vested in Her Majesty

the authority.

by

a certain Act made:

and paped in the Sesion of Parliament holden in the Sixth and Seventh Years of Her Majesty's Reign intituled "An "act for the better "Government of ther "Majesty's Subject's resoty "To Thina?" _ and Her

Majesty is further pleased by and with the advice of ther

Privy

Fi-FTeg th

Her Privy Council, to appoint the Colong of Hong Kong as the British Colony wherein

crimes and offencer committed

6 by Portich

Subjects within the

Dominions of the

Superor of China,

be

which it may Expedient should be inquired of, tried, determund and punished within Her Majesty's Dominion, shall be so inquired

of

L..

127

of, tried, deterniined and

punished, and that Her Majesty's Consuls, Vice Consuls, or other Persons

provisionally acting as

such under Warrant

from the Chief Super-

=intendent of British Frade. in China, shall have authority to cause

any British Subject charged with the Commission of

any crime or offence

the cognizance where of may at any time appertain to them or any

of them, to be sent for

trial

321

trial to the said Colon

to

of Hong Kong And it is

further ordered that the Chief Justice of the Colony of Hongkong for the lime being shall have power and authority within the Dominions of the Emperor of China, to inquire of, try, determine, and punish,

any

crimes or offences committed by Poritish Subjects within the

said Dominions.

And the Right Honourable The Earl of Aberdeen and

The

128

>

The Right Honourable dord Stanley, two of ther Majesty's Principal Secretaries of State,

give the necessary

are

to

directions herein as to

Them

may respectively

appertain.

X.

1

1

>

the 28th of March,

Ithe Land Officers

Chine Order, sent.

Fish Braft of

а

Copy

My Lord,

686 Ch.

Dock

RECEN

C.O.

TAPR

1844

129

April 5. 1844

On the 20th Alps we had the honor to receive a Letter from thr Addington of which the following is a Lapy-

"With reference to the concluding passage of your Report of 29th Feb.

last in which you recommend that Council should be issued

an

Order in Council

under the Treign Parisdiction but of the last Sepson empowering

M

6. Mr Courels

oven

China to exercise jurisdiction British Subzich in that Country, I am directed by the East of Aberdeen to transmit to you

Lerewith for

consideration the Draft of such

an

bider.

The Earl of Aberdeen Wh

In

In praming this Draft the prasah precedah of the devant bider of the 2. of beloben

as the recital of the

last in 10

m

far

fact of jurisdiction being vested in Her My in China, has been followed,

زیزم

as may be most convenient with

to any

reference Wo

other occasions.

which may hereafter arise

130 H

this jurisdiction in China, and in considering the probability that in many mstances vacancies may list in the Offices of fousals and the Coumes Consuls which by reason of the great distances between (hina and England cannot immediately be formally supplied, it

is

of cat

of calling

a

into operation the Forcegn Surciduction het : to avoid establishing precedent for stating in precise terms the manner in which the Surisdictier

which it is proposed to regulate

have been acquired by the Coun Foreign Country .

May

In`a

"

person 1

The next point is the class of to whom H : My shall delegate

this

thore

thought ex pedront & provide that persons provisionally acting

should.

Officers

enjoy

lu

the same right

of jurisdiction as the Consuls and Vice Consuls in whose places they

may

be acting.

The purposes for which ther

jurisdiction is to be exercised are hept stated, and it appears recessary to employ general terms in this respect and to leave to

the

131

the Thief Superintendent on the spot-

Bhein in an uistenction to be addressed to that effect to decide in concert with the Legal Advisers ofthefort of Hongkong what limit should be placed on the Cowenta v Surii diction Consular

British

The 13th Article of the Fifteen Artciles appended to the Treaty provides for the intervention of Authority in certain stages of differences between British and Chinese Subjects, and although the occasion for suck intervention in cases differences between British Subzeich and the Subjects of other Powers, bender (hina has not, as Lord Aberdeen knows, arisen

far as

and

consequently

F

consegnently the same recepity for

providing for such a

le Cate

alexrils

in the Levant is not hither to felt Thina it can scarcely be doubted that such occasions with hereafter arise, and therefore

2nd Aberdeen

would with you

to consider whether

it might not be expedient

pedient and practicable at once to insert a clause to that effect in the inclosed Draft.

The manner in which thes Consuls shall exercie jurisdiction in the next point,

e

and as

an

to this

it would appear ther pedient fo

literal bind the Consals to a

the laws and

observance of thre

5 practie

of England. Moreover it will be

чисиг

abent

31

:

meumbent on

the Consals to enforce the Laws and brdenances tracted by the (Reef Superintendent under the thevin but of the last Sepsion and therefore it would scarcely be prudente to limit too precisely the proceedings of the Conrads by and bever in Consid. "The next point is to provide for the Irial in the Colony of Menghing of offences committeds by British Subjects in China, and transfer of prisoners from Wurlar to the Colonial Const.

üb

the

the

May "But as circumstances at times render it expedient to My serious offences

on the spot?

whene

a (lause is inserted

132

where they have been committed, to enable the

to to try in

theep Justice of Hong kong

China Offences committed then by British Subjects.

" Having thus stated to you the barcon's points for which it has been attempted to make provisin in the enclosed Draft, 2nd Aberdeen directs me to add thank he submits the whole matters to your

consideration,

and

you will farms

requests that you

n

him at your

carliest convenience

with a reply to this reference,

in order that the Order which

You

:

CEL

You may finally recommend mag be passed in Council with the leach possible delar :

In humble obedience to your Indships request we have taken these matters into our considerabin and have now the honor to report that, the main object of the Orden

in

- Council appears tous to be to

give to the Consuls and the Earls

to act as

ven to

The power to by

and

?

Sudges, and panish British Mubjects. be guilty of criminal

ав

who may offences, civil differences Brikil Subjects, and between.

and also to decide any or suits between

British

133

Britect Subjects and the Chinese.

This bider in

Council would be

operation so far as to designate and

Officers in whom the

point out the Officers

judicial power

wer u

to be vested, but

in order to make it properly effective

it would require either that their

cil or some other st

or

Order in Council

It

document of a legiilatwe Character should define more clearly the degree of power which it is to intended to best in them, the course of judicial proceeding

them which is to be adopted by

and alw

and the manner in wheih their judgment or sentences are to be carried into effect. It should

bc

!

ACE

be stated whether the Consul is to

02

whether there

be the sole Indge, in to be any lazy, what the process of compelling appearance and of execution is to be. And what the

Mean S

of punishment in criminal and the mode of compelling obedience to the sentence in (ivil

laser.

If it is intended that there details are to be provided for (as probably they best would

в

brdinance.

to be issued

be) by

the

by

Superentendent and Segislative Council of Hongkong, then we think it would be better that-

1

134

it should be so stated on the face

of this Order in funcil.

In the bider in

Councils as it in

now drawn it is provided that Hen Majesty's Consuls and then Consuls resident within the sand dominions or such other persons appointed to act as fonsal or Vice Consal

shall have and hold all necessary

power and an

press

thouty se but we

me it is not intended that

that be exercised

This power

power that

jointly by the Consals and Vice

Consuls but be

of the other, or

of there Officers

ne

on

in

the absence.

that wither

should have

e any

jurisdiction except in the portion lay

Court-

ए र

ཉྙཾ " - ན, ;

Court

we

M.

wheek he is

acting and

135

<

English Consuls, and

We

think it

think, therefore, that the

this respect thould

intention in this re

be more clearly stated.

With respect to differences writing between British Subzeits and other Foreigner's on China, we do not think that any effectual power can be geven. Foreigners world not be bound by the Bider in

Council of Her Majesty

and it

could only be by the mutual

consent of the parties that

dis, pater between them and laglich exbjects could be settled by the

English

right to observe also that as

Изал

any

de disputes between British Subjects and the Chinese, there does not appear to be stipulation in the Treaty that they that be schled by the British Authorities The 18th Article of the Regulations attached to the Treaty seem to to requie

the joint decision of

13

the Consul and the Chinese officer. With reference to the power

give

to the Chief Justice of

Hongkong be the Order on Council

it would be important that

we should know peecisely the

nature

nature of

the power

veried in hem.

at present-

the form of the Feder

As regards the for

st that.

:t we would suggest

in Council

it should recite the third Section

Vich of the Chinese det 6 and 7 kit c.80 at the Foreign Shriidutin

as well

del, and that the Beer in fournit

on

the

: ould profess to proceed suthority vested in Her Majesty

of them.

one of

by the said acts or one

Sie have ter

We

(Segurd) S. God son.

F. Pollock

WWWllett

T

C

{

ке

136

i

F

Copy

D

Immediate.

1

My Lord.

686 Clin

137

Doctors

RECETED offor 24141

1844

April 18

18hb

We are honoured with your Lordships

commands signified in Mrr Addington's letter of the 15th Instant, stating that

he was directed to acquaint us that

Your Lordship concurs in the obrecations contained in the Report of the Law Officers of the 3rd Instant upon the

Draft of an order in Council

Сорго

From Lain Officess.

крий

3. 1046.

conferring Jurisdiction on Her

Majestys Consuls in China, and that : Your Lordship has accordingly

The Rights Wouble

The Earl of Aberdeen M. J.

ze

ке

ке

Caused

EX

aused to be prepared the amended

I raft now transmitted to us for our Consideration:

That Your Lordship apprehends that in adverting to the want of precision in the first draft; as regarded the limits within which the Consuls, bice Consuls and other

Persons should exercise Jurisdiction it was not the intention of the Law Officers to recommend thatia.

limitation should be introduced

into the Order restricting the service of Jurisdiction within any given District to one such Officer.

Jor.

138

For although in ordinary circumstances.

the Consul alone in such district would

in all probability be called upon to exercise Jurisdiction, occasions might arise where the Consul, from illness

or other cause might be temporarily incapacitated from acting, and it might be therefore convenient that the bice Consul should be able to act in the absence of his Lupenor Officer, or it may be that the bice Consul may

be stationed, as

for instance in the Canton Consulate where a Consulate Agent will

reside

reside at Whampoa, at some distance from the residence of his Luperior Officer, and be necessarily called прог upon there to exercise Jurisdiction

over to ritish Subjects. YourLordship presumes that there could be us greater objection to several persons being invested with Judicial powers within a given district in China- than there is to the inserting the hames of many parkes in the holl of Justices for any County in ragland

That your Lordehip is fully aware that Her Majesty's Consuls

Could

could not pretend to Exercice

Foreigners, unles

Jurisdiction over

139

such Foreigners should voluntarily

submit to their Jurisdiction, as

is the case in the Levant, where British Consuls have from the

force of circumstances, long been

to take cognizance Compelled to take

of the complaints of Foreign Suctors although until the Orden in Council, under the Foreign Jurisdiction Act of the 2nd of October last was passed, the Consul was exposed

by

so doing to be prosecuted in the

20

dis

Courts of this Country by the British Defendant who might be satisfied with his Award.

That it was to secure the

Consuls from such Consequences for interfeung as he is bound by Frealy to do in cases where the subjects of China are concerned, and as he will probably have occasion to do where the Subjects of other Foreign

Countries are concerned, that it was proposed Binsert the clause in

Question in the Order now, inder

consideration.

That

140

That the idea of empowering

the Cheif Justice of Hong Kong to bry in thine offences committed there

by British Subjects was suggeclect

by

Sir Henry Pottinger who recom

recommended

that the Chief Justice' should be

empowered to visit at the special requisition of the theif Superintendent any of the Consular Ports to try

Extreme Cases, which cannot be

remitted to hongkong owing

witnesses in such cases being

to the

wholly or chiefly Subjects of Chines. That the enclosed letter from

the

the Colonial office will explain to us that no such person is at present vested in the thief Justice. In requesting us to give the matter how refered to us our carlest consideration, Mr. Addington is pleased tostate that, if the order in its present form does not meet

with our concurrence.

would be oblijed if

Your Lordsligh

we would

make such alterations in it as

may appear to us tobe necesary

our

10 that on the receipt of ou Report, the Order may be in a shape to be issued.

as soon

ао

for

A

as Her Majesty's Pleasure could be taken upon it.

141

Inobedience to your Lordshipu

commands the have taken the

I raft of the proposed order into Consideration, and have the

honor to report that having made some slight alterations therein

in Red Ink) me think that the

same is correct and proper.

We have de.

(Signed)

Godson. Wollett.

Fred therijer

1

JETKEY

142

DEX

1

From

Copy

April 18.1844

The Law Officers.

26.35

24 Mas

44

a

733 Hongkong

RECEIVED

MAV 6

1844

Freigh Office.

Mag. 4.1844.

143

Witte reference to Mr. Hephen's Letter of the 30th Ultims, I am directed by the Earl of Aberdeen to transmit bogen, for the information of Lord Hawley, a Copy of

Despatch which Lord Aberdeen has

addressed to the Bavis, transmitting to him the bider in Council respecting Consular Iurisdiction in China -

Lord Shawley with perceive that

Mr. Davis has been instructed as

of the

payment of the expences wheat may

be

incurred by the Chief Justice of stengs

G. W. Hope Eur

kong

kong of called upon to proceed to any of the (henere Ports for the treat of

British (riminals .

I am bor. for,

Your most obedients Lambleteroast, Alle beddington.

6 Bira.

Br. As.

144

kone song Eder in

Comment will be sent porn the Fragen wie

рог

to hi: Davis as incintendent of Butuh ind

it we seem aimort-

interphone

another coky in in stûn cara

کے

irade

send wi

caracay. I inphore however that a declaram arake now to bu

written extraining what has occurred

སེམས་

Ether criveci vetween then Offie and un

C

ir.

733

Is Hut sung 1. An

May 7.

=

f

145

EX

5007

the the noth

lg l

Conneil

Hopp vy

37 77

They

f

}

f

Copy

No. 35.

J. F. Davis Esý.

Sir.

in

می چی هره

Hoy Fary

RECEIVED 46

MAV 6

Joreign Office 144

May

4. 1844

I acquainted you in my despatchse 24, of the 5 of March, that immediately after the Ratification of the Supplementary Treaty

issue an order in

Her Majesty would issue

Council under the foreign Jurisdiction bet

of the last session empowering Ber the pety, Consuls, and other Persons therein specified to exercise purisdiction over British Subject in the Dominions of the Emperor of Ausic. I how mclose lopies of the order which warifened by Her Majesty for that

purpose in the Council heldon they of

te de Le

last

EX

last month.

to

you will perceive that by this arder. the Consubs are not only empowered

over British Subjects, exercise Jurisdiction

but are moreover authorized to a certain

which may extent to interfere

interfere, in cases which arise between British Subjects and the Subjects of the Emperor of China, and between British Subjects and the Subject of any forsign prowse

The extent to which Consuls can

w

interfere in the former class of casco, n : laid down in the Thirteenth Article of the Sefleen bochicles appended to the Supplementary Srealy of Homunchor i = but with regard to the latter class it is right that I should point out to

you.

you,

that no consul can

147

foretend to

exercise Jurischction in cases where

foreigner may be a party, unless such

forcegner voluntarily submit to his porisdiction . It is probable that the

practice observed in the Levant with

to the decision of suits between.

regard Europeans of different nations will. sooner or later prevail in thina, and the authouty now given to the Consuls to interfere in such suits is indispensable to secure them from molestation in British Counts of Law on account of decisions which they may pronounce

unfavourable to British Parties.

the

The next point which I have to remark. spor, is the provision of the Order, that in the secrcise of the Jurisdiction granted to them, the Consuls should be governed by

such laws and Irdinances in that-

be enacted by you

ww

behalf as may pursuance of the Powers conferred upon.

you by Her Majesty, under the China

Act of last Session

нев

I have already stated to your rende you will feed a corresponding remark

in my

Despatch to Sir Henry Pottinger 24 81 of the 2nd of September, that it

will devolve upon you in your

Legislative capacity

to maet laws and

Dedinances

I

148

Ordinances for the Government of British and for enabling Berthagerty's Contals in

Lima, Subjects in China) to give offect them. But

(to

with reference to the present Ander it will be requisite that you should pass an Suactinent by which the degree of power to be bested in the Consuls, should be clearly defined, and the course of Judicial forneeding to be adopted by them, and the manner in which thesi Judgments ar sentences are to be carried into execution, be prescribed. It should also be stated in some such

mactment whether the Conse. is to be

the

Sole judge, or whether there is to be any jury. what the process of compelling appinan

and of execution is to be, and what- the means of punishing

no criminal

and

ن

EX

مجاهد السعة

and the mode of compelling obediences in

Civil cases.

I have thought it necessary to call your attention to these points in Consequence of some observations made by the Law Officers of the Crown ; and I will only add, though without any intention to fetter you in respect to

the course which you

should pursue that it might be the most convenient course as regards criminal matters to allow the Consuls to den, summarily as sole Magistrates, with offences of 2 . minor character, and even with

A.

more serious offences with the Concurrence of Assessors, chosen from

the

149

the British Community, while all offences

of a grave nature, which, if committed in England, would be reserved for trial by a judge of Assize, might be remilled to the Court at Hong long :

that Court you will observe, is empowered, in consequence of the appointment of the Colony of Hongkong. for the trial of Offences committed by British Subjects in thing, to take cognizance of such matters, and the Consuls are authonzed to send British Offenders to Honghong for brial, and while I leave it to you to determine what instructions it may be proper

Consuls

to Give Her the estys loucals in this

کا

respect

ة المكرمة

D

you to

respect, I cannot omit to direct call their particular attention to the provision with respect to evidence lenders by prisoners, contained in the Jonath Section of the Foreign Jurisdiction Act -

But as corcumstances

may

at

tin es reuder it expechent that British Subjects accused of having committed strious offences in China should be tried in the place where they may have transgrefed, a provision has

been inserted in the Order to enable

The Chief Justice of Hong Kong to bey British Subjects in China. I am aware that it might be very inconvenient to the Chief Justice repeatedly to

proceed

proceed to the Chinese Ports for this purpose, and therefore I wish you to

bear in mind that

for requering

your Justification

him to do so in any

mislunce must be found in the

150

urgent necessity of the case

The expences which may be meurred by the thief Justice on any such occasion must be repaid to him, and charged in the contingent account of the Superintendency, and in the same manner the expences of sending. Prisoners and Witnesses to Hongkong will be bome on the contingent

recount of the Consulate from

which

DEX

which they may

have been sent.

I am se

(Signed)

Aberdeen

المالية في

151

1

1

7

152

W- the Court at Buckingham Palac the 17th April 1844.

Present

The Queen's most Excellent Majesty

in Council.

Whereas by a contain Act of

Parliament made and passed in the Session of Parliament holden in the sixth and seventh years of Her Majesty's Reign, intituled, " An Act for the better government of Her Majesty's Subjects resorting, " to China", it is amongst other things -enacted that it shall be lacoful for Her Majesty, by any

Order or

....

Orders

70.

Copy.

J. O. May

hṣ 35

J. J Davis Wr

1844.

་ ་་་

Orders made with the advice of Her Majesty's Privy Council, to ordain for the government of Ho Majesty's Labjects being within the Dominions of The

Emperor of China, or being within

ship, or vessel any ship,

l at

at a distance

not more than One hundred

of not

Miles from the Coast of China,

any

Law or

Ordinance which

to Her Majesty in Cocencil may seem meet, as fully and effectually as any such Law or Ordinance could be made by Her Majesty in Council for the government of Her Majesty's Subjects being,

within,

153

within the Island of Hong Kong : And Whereas by a certain other Act of Parliament made and passed in the Session of Parliament holden aforesaid, intituled " An Act to remove double to the exercise

As

as

"of power and jurisdiction by Ster Majesty within divers Courtices " and Places out of Her Majesty's

Dominions, and to render the

K

same more

effectual," it is amongst

est other things enacted, that it is and shall be lawful for to hold, exercise and

Aer

majesty

enjoy any power or jurisdiction which Her Majesty now hath, or

may at any time hereafter have,

within

+

154

a manner:

within any Cocentry or Place out- of Her Majesty's Dominions, in The same and as ample as if Her Smajesty had acquired. such power or jurisdiction by the Cession or Conquest of territory : And Whereas Her Majesty hath power and jurisdiction in the Dominions of the Emperor of

China : Now, therefore, in pursuance of the above recited Acts, or either of them, Her. Majesty is pleased, by and with the advice of Her Privy Coured, to Order, and it is hereby Ordered, that Her Majesty's Consuls and Sice Consuls resident within the

said

said Dominions, or such other persons

as

Subjects

by Marrant under the hand and Seal of the Chief Superintendent of the Trades of Her Majesty's Salpet in China for the time being, shall be appointed to act provisionally

be

as Consuls or Vice Consuls shall severally in the Districts within which they may respectively appointed to reside, have and hold all nece

necessary power and authority to exercise jurisdiction

over British Subjects within such Distriels

aforesaid, for the repression and punishment of Crimes and offences by them committed within the Dominions of The Emperor of China,

айд

|

TREVENG

EX

2641 for the

And

d for the arrangement and settlement, of all and all manner of differences,

Contentions, suits and variances

Or.

shall happen to arise

that may between them or

>

G

any of them; 7

and shall, moreover have power

and authority,

Mhority, as far

as in them.

lies, to compose and settle all

and all manner

manner of differences,

Contentions, suits and variances

that

may

от

- shall happen to arise, between British Subjects; and the Subjects of The Emperor of China, and between British Subjects and the Subjects of any Foreign Lover, and which. brought before thom for Settlement

m

be

may be

And

155

And Whereas by the above first recited Act it is enacted that it

shall be lawful for Her Majesty by any Commission or Commissions under the Great Seal of the United Kingdom, or by any

Instructions under Her

Majesty's Signet and Sign Mannal- accompanying and referred to in any such Commission

or

Commissions, to authorize the Superintendent of the Trade of

a

Her Majesty's Subjects in China. ( so long as such Saperintendent shall be also Governor of the Island of Hong Kong) to enact with the advice of the Legislative Council of the said Island of Hong Kong, all such Laws and

Ordinances

DEX

1

יל

Ordinances as may from time to time be required for the peace, Order and 1 good government of Her Majesty's Subjects being, within the Dominions of The- Emperes of China, or being within

any

ship, or vessel at a distance

hundred. of not more than one-

miles from the Coast of China, and to enforce the execution of such Laws and Ordinances by such Penalties and, Forfeitures as to him, by the advice aforesaid, shall seem fit ; And whereas Her Majesty has been pleased to grant such Commission as aforesaid _

to

advice

156

to John Francis Davis Coquire appointed by Her Majesty Superintendent of the Trade of Her Subjects in China, or the Superintendent for the time being, of such Trade; Now there fore Her Majesty is pleased, by and with the

of Her Privy Council, to Order, and it is hereby Ordered; that Her Majesty's Consuls and Vice Consuls in China or any persons acting- provisionally

lly as such Consuls or Vice Consuls as aforesaid, shall in the exercise of the jurisdiction

granted unto them by this present Order, be governed by such Laws and Ordinances in that behalf an

be enacted in the manner

may

and form aforesaid by the

Superintendent

as

EX

157

Superintendent of the Trade of Her Majesty's Subjects in China for the time being being, the Governor of Hong Kong : And in further exercise of the powers in Her Majesty vested by the above recited Act for "removing doubts as to the exercise

1 by of poever and jurisdiction: " Her Majesty within divers places "out of her Dominions, and for

/

the same more effectual,"

rendering the

)

Her Majesty is pleased, by and with the advice of Ster Privy Council, to appoint the Colony of Hong Kong as the British

Colony wherein Crimes and

Offences committed by Beelish.

Subjects within the Dominions of The Emperor of China, which it may

be

expedient should be inquired of, kied, determined and peenished within Her Majesty's Dominions, shall be so inquired of, tried, determined and punished, and What Her Majesty's Consule, Vice Consale, or other persons provisionally acting as such sender Warrant from the Chief Superintendent of British

Trade in China as

aforesaid, shall have authority to cause

any

British Subjects charged with

)

or

the Commission of any Crime an

Offence the Cognizance whoreog

may at any

time appertain to

them

Subjects

EX.

821

them

or any of them, to be sent for trial to the said Colony of Hong Kong. And it is further Ordered_

that the Chief Justice of the Colony of Hong Kong for the time being, or other person provisionally acting, as such, shall when daly required by the said Superintendent proceed to the Dominions of The Emperor of China, and shall have power and authority within said Dominions ; to inquivre of, try, determine and peenish, ang Crimes or offences committed by British Subjects within the said Dominions.

the

And the Right Honourable the

Earl

158

Earl of

of Aberdeen and the Right Honourable Lord, Stanley, two of

Her Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively apportain.

E

ช่ì, 3

159

INDEX

745

37/17/6 formy

lette

#430 Chisia

взо

RECEIVED

JULY 6

Sir,

1844

Foreign Office,

July 6. 1844.

160

aberdeen

Iave directed by the Earl of abandon

am

W to request that you

привре

to Comend in Chiche

Hanley

will acquaint

Lord

that in a despatch recently

received from Sir Heney Pottinger, that Officer unger upon ther Majesty's Government in the strongest terous the indispensable necessity, for the purpose of preserving relations with thina, of requiring and

our a

anvicable

to compelling all claper of Her Majesty's

Cipry

Servants who m

may

come in contact

with the Chinese authoritier and

W. Hope safe an

People

а

#+m

131

usager and

People, to respect the usager

instituctions of China, and to study the wishes and feelings of the authorities and People of the Country.

It

may readily be conceived that

in so peculiar a Country

av

China,

actions, indifferent

indifferent in themselver

and which among European nation

would lead to little or no inconvening

might produce an impression highly unfavourable to the British character, and destructive of that wholesome influence which it is so important should attach

in

161

in thina to every thing connected with Great Britain._

It may be hoped that oracions will rarely, if ever, arike where any persons in the publick service shall Expose themselves to censure on the charge of wilfully offending against

the

uxager of thing; but hord Aberdeen is reposed to concur in Sir Henry Pottinger's opinion that it would be well that all publick Servants in China should be apprizes that they are expected and required uniformly circumispect in their conduct, and to abstain even from things indifferent, if likely to give

to be

occasion

:

**

occasion to misinterpretation; and

that they should be fully impressed with the conviction that Her Majesty's

ent are resolved to discountenance

Sovernment

any proceedings offensive or annoying to the Chinese Authonties and People,

and if necessary

to vixit with the

severest displeasure any persons

under their immediate controul,

against whom complaints

161A

Enforcing upon the attention of persons in the Colonial Service, the principles

which he has recommended as the

general rule for the guidance of all publick Servants in China; and that as Superintendent of Trade he will have directed the special attention of the

- point,

Consular Service to the same notwithstanding the positive instruction

on this

to the same

effect issued by lord

on

head should be substantiated..

Lord Aberdeen presumer that the Governor of Hongkong will himself have taken measures

zer for

Enforcing

Aberdeen to the several Consular

officers

on

their appointment.

But Lord Aberdeen would suggest

Jor

Lord Stanley's consideration

whether it would not be advisable

by special directions from this

Country

}

val

Country

the

to make known to the

Military Authorities in China, for guidance of all Persons in the rulitary service, the wither and commands of Her Majesty's fovernment on the points adverted to in this Letter, and their determination to Enforce compliance from all Person Engaged in the Publick Service in

China and it's immediate

vie

vicinity.

A Letter to the same effect

has been written by lord Aberdeen's

direction to the Board of Admiralty.

даши,

Jam, Sir, Your most obedient

humble fervant

All hddington.

!

!

162

533

my

&

although

will be persons quite

Sependent of the God

sume that there

I she doubt whether

at

zy

and to win that a

C.O. With for the F.A.

dan to the lis

hul

End

2030 China

11

The Lord I. Someint "July 1844

Mylord

Forwanted! JULY

TR

Muda.

BY: DOM

Bend Stanley 10

44

July 16t

Caurdirected

163

Stanley benclose you herewith, for the information

A.G.

the Commander in

Chief, the fahy of a letter Copy addressed to this Deptly direction of the Earl of Aberdeen pointing out

the necessity of restraining all NM subjects in Nous

Kong

Nong

and on the Court

of thina from every

which Mo-ceeding

mag

give offence to the Chine authoritie, or people. dard Stanley agrees with the Earl of Aberdeen

to the importance of The most Cultivating

friendly intercourse

as

with

5

EX

J

23:

the Chinese and sfavoiding anything which owing w the peculiar customs and laws of the might be calculated to

give

the Cheiere

Jam

them offence. therefore, to request that

som

move

Lordship would

the Commander in

Chief Wisue the neupany

orders to the

Military authorities in Hong Kong in the spirit of Lord Aberdenis suggestions, for restraining all Officres and soldiers

under their command

from any proceedings which might interrupt orendangen

the harmony

subsisting beteven Magneti and the Chinese.

Ravese

164

1

4

<

·

Sir,

1359

RECETE

MC 11) Foreign Office,

August 7. 1844.

AUG 8 1844

165

ho 52.

аш

directed by

transit to

The Earl of Aberdeen to

: You herewith, for the information

of Lord Harley, a duplicate of a Despatch with its Inclosures received from bir steary Pottinger relative to the trial and conviction

in a

Court of Aducirally constituted under the Orders in Council of December 9. 1

Jass Javery

1833.

by the thief

4. 1848., and held by the A Superuatendent of British Trade in China, of Salvador Lacrace, a Spanish Subject, accused of the murder of William Hopkins,

a

2 British Subject, on board the British

Porig "Harlequin " off the coast of thina.

J. W. Hope Eag

Lord

EX

It a

Wha

End 144

نها

with

in

J

Lord Stanley will perceive by the inclosed Copy of a Report from the daw Officers of the frown that they are of opinion that the trial has been regularly

conducted, but recommend that the punishment of death which has been awarded, to the Defendant, should be commuted for one of transportation._

Before however Lord Aberdeen instructi the Chief Superintendent to that effect, His Lordship would be glad to know

whether it would be consistent with views that the criminal

Lord Stanley's should be transported to any, and in that case to which, of their majesty's Colonies; and Lord Aberdeen will

therefore

his ansive

therefore confine his Pottinger's Bespalat

fird

de intemation

to a more

that the prisoner's life will at all exeats

be spared, but that the conditions on which m

is extended

mercy

will be made known to the

but the chief. Superintendent by a future of floternity Lord Stanley will not fail to rewcarb in the inclosed Pappers

that an opinion appears to be

Entertained in

Hongkong

that all

capital sentences must be confirmed in England before they

into execution.

can be carried

Jame, Sir, Your most obedient

huneble Servant

Alle Adelinglove.

The

270

Ft.ll. Addington dry

ier

?

4 Mudah 23

i mn

in 12 Aug

Mr. Pope.

I do not understand on what prend

ser Burgest maintains that all expital sentences must be

con fermid

England befne Rey

are exented in

in the absence of any explanation for on afforit. to lay down the

mos

a

Kong Kong. But

Song him I thored out hestars

listenity

hondly a distinct

Regible. The hangfuttation of Aristics

Land, would be but to an

flaue to the other, at h

ible; x

of unintelligible.

with africa

Los to consider

&

de

diffing

They would die of the hauth men what mir das

He will of course huden. Ford till

subject. He will

of the hude

his Davis

ждени

him that such taupertations renact be permitte

дау

have him to duide

H

the rest hest

x

ة

M Hote

N&Shiphon

A3

LondStormley 25

Mesope.

forround 26-

ный

29 Angenthey

Lave

167

directed by

ript of four lettuc locd Stanley Back th

the

A Pottinger reporting

Repo Despatch from bir

of the extent incloning

the

here? on the P. O. Cettureem a

177/; boy 6/7m. Addington altho the

Shave addreped this draft hial and conviction of

a

up: WM. Davis _ in order

ther to contemplate

Lalvador Laccase for the Spaniard named

would mouth fi

Hory correspondence which

to avoid the confersion in the queder

ни

of a British sales

nga

home des : of state being suclose an from the Governous des Harlequin"- You

on board the British Brig.

милия

Ganother

mother.

вст

wettepe / finish for to the Halment

کت

the weepity for conflunces of Capital hate, at the end of lo haces

Приним thi

dumm

conctuele he is is

Aus question of transportu

Ittunk regulu

is mer

which

jounin mit

Casses we permit Suropeens and some of

there stuit mus

the mumber of cnvrction

ит

ни

with

for when.

Which we have

this how isiniciale weder utic

-and the corner i Juris ci

the Wathesis as to

kausporthale to be chipame

Ниготь

Istrich thee better phones

In the mean time

the Mistur lucrate Le detuned in lety.

called on to minduct

Heat Conatechs. I dont think Custration dates. love sublithe

In fact

also

daw Offices of

opinion from

the Crown our the

the crimestarices under

to the effect that from

was amenable to the

committed the offender

fence was

which the offence

1

831

Admiralty Coutalitang Hong and that his trial week regularly corideccted that Leibernal_but

adverting to the fact;

before

that

of the

of dea

the case the punishment

cathe ought t

ought to be communited

for transportation. You

we

cordings express

the

Sans of lebe ideen's desire to be informed whether

it would be consentent

with Lord Stanley's, viedr that the Criminal should

be transported bany, and which, of the Accotiation

Colonies.

Enreply Jame to state for Lord Aberdeen's information,

Stauley

Kat Lord

has already had

accasion, with reference

to citate provisions fan

L

168

Ordinance for the registration of Deeds haped GAir & Pottinger, Spoint out to M Davis that here

за

are no means

offinding

Convicti

uplogment for froustong Koup in the

Australian Colonies and consequently that Finger cannot sauction their hacesportation thither. To this view Lord Stanley feels compelled Wadhere. The havesportation of

Asiatic convicts to

V. Dland (througone of the Australian Colonier towhich Convicts are now Rent) would tot be inadmissible, matum they would be useles

as

and muntelligible in

andiald

That Colony and

101

pisbably not convive change of Climaty the

Even in

tha

(

doubt this-inspot

Belive My de de But wolle merchants chemmal

глесь

Aut

case of lurdeau

Conviel; there are cireuu.

stances in the

ил

presentstale

of t. D.Land which would

makeila

Wuinneare

very inexpedient

Convicts now there by

The number of

Go the

Convicts from any Colonial Posessions of

the Crown. Lord

Stauelez

apprehends, therefore,

hat Mr Davis mist be directed mimedeatif to

consider and decide on

the nature of the secondary punishment to be established

in

Hans have for offences

we nature, and

of a grave

to commite the sentence haped on Lacrape for such

an account of that secondary знаемествам

169

punishment armaghe

as

Commenxecrate to the erine of which he has

бри

been convicted.

пи

Inrespect to the opinion stated at the close of tr Burgafis report that all capital sentences promouend in Hougtong must be confined in England before they into effect dord stanleyen

ні

can be carried

ble tocou

is meable

on

bconjecture

what grounds M. Burgafs has provided

however, ?

can be

more brroneous thar that opinion. It is not only not neupary.

of

bubihin

medesirable that the

incentionatences of death

pronounced in Hongkong should be postponed for

EX.

а

#TI

merely formal reference

be-

Wother Country in any Cases where it may necessary eventually to thens into effect. The Governor by His

Cary

is inverted

is

Commission with full power either Deary into effect, to uskite or to remit any such sentences according This judgment, and on his own responsibili - and its will be his duty to exercise that judgment and discharge that responsibiliz

G

on every shine.

such case submitted

Lord Stanley

considers hatch would

the desirable with referenc.

170

to the present case, that

In Davis should be destinely apprised of the real nature of his powers,

of their

in maters description.

Shaver

}

Copy

Mydard,

to

us

In 1959 Kong h

171

Doctors (ammons, 31 July 2004.

RECE

0.0.

3 AUG

We are honored with your Lordship's commands signified in the Addington's Letter of the 11th Instant, stating he was directed by your Lordship to transmit the inclosed despatch & its inclosures received from Sir Henry Pottinger, relative to the trial and conviction in a court of homiralty constituted under the Orders in Council of dec: the 9. 1033 and Jaw : 4.

of 1843; and held by the Chief Superintendent of British Trade in China, of Salvador Lacrase, a Spanish Subject, accused of the murder Stopkins, a British Sabject, on board the British Buy " Harlequin" off the (ourt of China.

of the murder of William

Mnr. Addington enclosed the brders in Council referred to; and copies of the China Acts of les and 1843; of the Commissions ofmed

under the

last of those, and of

ай

Instruction which was

addressed to Sir & . Pottinger in December last with respect to certain Regulation's promulgated by him for the guidance of the Court created by the briders

Council referred to.

Vor

Mr. Addington also inclosed the further Order in Council of betober 1843.

Mr. Addington was

was

pleased to request that

we would take Ser 4. Pottinger's Report of the

proceedings in the case

Earl of Aberdeen. K. J.

Ku

2 case of Salvador Lacrase

into

our

into consideration and report & Your Lordship, opinion as to the instructions which should be addressed to the present Chrif Superintendent with uference

thereto.

and

In humble obedience to your Lordship's commands signified as above, we have read the despatch, notes of trials, opinion of bar Barges, and the other Documents, and fully considered the same, have the honour to report that the Prisoner having entered at Hongkong

Hongkong on board the

on board the British Brig, and the offence in question having been & committed by him on board that Brig, while he was serving therein, we are

of opinion that he was properly amenable to the jurisdiction of the Admiralty Court at Hongkong, and that his trial has been regularly conducted before that

Tribunal.

and

Looking however at all the facts proved at the Trial we think it is a case in which

recommend that the

sue should humbly

pancihment of death be commuted for one of

transportation.

We have so

(signed)

1. Dodson

WWFollett Fred Thenger

под

Bup. No.3.2.

Ne2.

My Lord,

RECENTS

AUG.

1844

9

N13594

Government House Victoria Hungting - 27 - March 1844

в

172

I have the hever lo inform Tour Lodeh, that a Session of the Admiralty and Criminal Court of Hongtting and it's Dependencies was holden at Victoria on Monday the 14th day of this month of March 1844 agreable to Croclamation previously published and mades.

th

I have now the hover to forwards to Your Lordship the following Original Procedings of

the said Court:

1. Copy of the Record of an Indictment and

conviction of Murder in the case of the Queen against Salvador Lacrae Mariner of Hongthing for the Murder of

William Hopkins.

me

2. Notes of the Evidence and Verdict wherein

The Wight Homerable,

Me arl of Aberdeen N. S.

h

the

EX

را

No 4.

་;

The Prisoner was recommended to therey laken.

: to wo during the Treal of the said Salvador.

Judges of

Lacrase by Ster Majesty's Superintendent of " rade te in China, who presided as the said Admirally &ourt. 3. Opinion of 1 Wichard Burgass Esq. Barrister at Law the legal Adviser of the Governance & of Hongthong and of the said Superintendents of Kade. to, as to the jurisdiction of the Court over the. said Salvador Laerase.

It will be seen from the Record that-

the Prisoner S.:.:.:. . der Lacrase was

No3.

nea

file

of the & ime of Murder for which he was

found guilty.

arraigned

and that senker. . of Death has been recorded-

4. inst him by the Court.

I think it right to state to Your

Lordship that although Mr / Jurgass acted as Prosecutor on the part of the Crowns, he also, by the special desire of the Court, urged argument that occurred to him. 1. addressing

every

the

гов.

the Dury in favor of the accused, and that

every

173

thing that passed in the Court during the Irials. was most carefully interpreted and explained to the Prisoner by Sworn and competent; Interpreters . dalso think it right to forw

right to forward to Your Lordahip the four following additional documente 1 The Address of Her Majesty's Superintendent of

Trade. te., _ who presided as Indze - to the Foreman and Members of the Grand Dary their being Arvern es

nv

2 The Remarks made by the said Superintendent de, to the Petty dury at the close of summing up the Evidence shown in the Notes.

Deb . 3 . The Terms of the Sentence passed by the

Ney

Court in the Clusoner

4. The Depositions taken in the preliminary investigation by the hief and Marine Magistrates of Police.

I have to request, that Your Lordship will be pleased to humbly lay this despatch and

ds

-----==--------at LEཁ་---------------"་

EX

-

it's accompaniments - as herein described - before

the Queen logether with my

humble and

}

1`spectful, recommendation, that Her Majesty will, pleased to extend Her bracions and it rayals Mercy to the Prisoner Salvador Lacrase who

how

is

lodged in the d'ail of Victorca and who now stands convicted of Murder, and will be pleased to Commute the st. Merces of Death which, has been readed against him, into ewe of dransportation for life or for such other period as other Majesty Shall in Her Anfal Wisden deem

one

and consider to be filling and meet

I have the homer lobe,

My Lord,

Itz most Obedient,

Aremble. Sersand,

Gminy

L

2.C-

į

J

174

:

Copy

From Law

July

Officers.

31.6844.

Ju1359 4/

Hi 175

List of Enclosures to despatch N. 52 of the

27th of March 181.4.-

Ind. W. 1. Copy of the Record of an Indictment

and conviction of Murder, in the case

of the Queen against Salvador Lacrase Mariner of longhong, for the murder of one William Hopkins.

No 2 Notes of the Evidence and Nerdict-

wherein the Prisoner was recommended

-

to mercy - laken down during the Trial of the said Salvador Lacrate by

Ner

a.

Majesty's Superintendent of Rado

Trade

tor in China, who presided as Judge

of the said Admiralty Court.

N: 3 Opinion of Richard Burgass bequire Barrister at Law, the Legal Adviser - of the Government of Hongkong, and

of the said Superintendent of Trade

tea

EX.

!

MAKIT

us to the jurisdiction of the Court over the

said Paliador Lacrase.

met : W4 . The address of Her Majesty's Superintendent

of trade tea, _ who presided as Sudge -

to the Foreman and Members of the Grand

Eure on their

ir being

sworn in..

win

: 5 - The Remarks made by the said

te

a

Superintendent &c.?, to the Petty Jury, at

the close of summing up the evidence).

shown in the Notes.

9_ The terms of the sentence passed by the

Court on the Prisoner.

" 7 - The Depositions taken in the preliminary investigation by the Chief and Marine Magistrates of Police -

Bruny ну

ca

(

176

M

Inel: 1 in despatch 5.2. of 1844-

Th1359

AK

177

Record of

an Indictment aux

and

conviction of Murder at a

Murder at a session.

of The Criminal and Admiralty

Court of Stonghong held

4th day of

March 1844.

on the

Songhong to wit : Be it remembered, that at the session

Victoria

of The Criminal and Adminalty Court of Hongkong, holden at

Monday the fourth day of __

or

March,

in the Seventh

of the

year of

reign of Qur Sovereign Lady Victoria now Queen of Great Britain, before His Excellency Sir Henry Banger- Baronet. Hright Grand Cross of the most honorable order of Major beneral in the Service East India.

the Beath,

of

The

Company. Governor and

Commander in Chief of

tho

the colony

of Stongkong and its dependencies, and Superintendant

of

the trade

F Tver Majesty's subjects in China, spigned by of the late Lord the Sting Williame

an order in Council

The Fourth, sated the ninth day of December in

One thousand

and

in the

year

Eight hundred and Thirty three and by another order in Council of Our present Lady Queen Victoria, dated the fourth day of January in the year One thous and Eight hundred Forty three, to hold the said Court, according to the law and Custom of the realm of England, by the oath of John Dent, Thomas heave, Patrick dungeon, Christophers Fearon, Patrick Stewart, Thomas Scotland David Jardine, Angus Fletcher, William Blenkin, -:-

Charles

178 Charles Edward Stewart Alexander Phomas Cordon, Charles St George.

-

Cleverley, Joseph Frost Edger, John - Holliday, Robert Strachan, and Thomas Augustus bibb, good and

men of Hongkong afore=

C.

awful enon of

irid, then and there impanelled

sworn and charged to enquire for the said Lady the Queen and for

the body of

the said colony,

it is presented, that Salvador La= case, of Stonghong, marmer, not

fear of God before

having the fear of

bit

eyes.

but being moved and

instigated by the devil, on twentieth day of October,

thousand

forty three,

the

ht. hundred and --

eight.

in the seventh year

of Our Sovereign Lady Victoria with force and arms, upon the

high

.

high

f

sear, within the poutdiction

The Court

of Adoniralty of .. Stonghong aforesaid, to wit,

about the distance of

one mile

from Namme on the coast of China, in and upon one William

Toptions, then and

on board of

big.

ar

and there being a certain English - repel called the Harlegung

and in the peace of God and Our

said Lady the Queen, felomously,

wilfully,

and of his malice-

aforethought, did make an

apault; and that the said __

Salvador Lacrase, with

a certain

the values

of half

An

ره

knife of dollar, which he the said Salvador

Lacrase in his right hand then

there had and held, the

ناقة

laid William Stopkins, in and

upon

1

of

upon the left side of

179

the back,-

between the short ribs of

--2-2)

the said William Hopkins, then and there, feloniously, wilfully; - his malice aforethought

and

F

did strike, stab, and thrust, giving

to the said William Hoptions, -.

there, with the knift

then

and

aforesaid, in and upon

the said

left side of the back between the

hort ribs

of

him the said --

William Hopkins, one mortal __

wound of

inches and

the breadth of three-

af

the depth of six

inches ; of which said mortal -

wound

the said William Hopkin,

the twentieth

from the

in the

day of Belober

year aforesaid, until the tiventy seventh day of Dctober in the

year afores and.

an

the

high seas

ане

!

--

F

P81

from Ka

hamme

au

the Coast

one mile from

DJ WE

of China aforesaid, in the brig - repel aforesaid, within the crisdiction aforesaid, did languish

languishing did live; and in

Grr.

ساختند

which twenty seventh

day of Botober

In the year aforesaid, the said

William Hopkins,

on

seas one mile from

the Coast.

in the bing

of

ar

the high- hamnno

azr

Echina aforesaid, ressel the Harlequin - aforesaid, within the jurisdiction

aforesaid, of the said mortal

wound died; and so the bross aforesaid,

an

their exit afore= that the sain salva- dor Laccase, the said trillian.

Said, do say,

Hopkins, in manner and

form

aforesaid, feloniously, wilfully,

and of

his malice

afore thought

did

did kile and smulder, agamist

180

the

peace of Our said Lady the Queen

Her Crown and

dignity. And here cometh the sack Salvador Laccase

imder

the

custody of the Honorable Major William Came the chret - Magistrate of Hongrong aforesaid, (in whose custody,

the fail of

Victoria, for

21/

71-

the cause aforesaid, -

he had before been committed) being brought to the bar here in his proper person by the said Chief Magistrate of tongtong, to whom he is also here committed and forthwith being

demanded

oncerning the premises in the said Indictment abone specified and charged expon him, how he will acquit himself there of__ saith, that he is not guilty there of :

and

1

¿

1

P

and thereof for good and evil he puts himself upon the Country : and Richard Burgess, Exquire, Barrister at Law, who prosecutes for the said Lady the Zucen in this behalf, noth the like. Therefore let a jury thereupon here imme= diately

before the said Lire Henry Pottinger, of free and lauful mere of Hongkong aforesaid, by _ whom the truth of the matter may

Corre

the better known, and who be

are not

of kin to the said Salvador Laccess, to recognize, upon their oath, whether the said Salvador Laccase be quilty

the felony and murder in Indictment aforesaid shove speri=

of

fied, the said Richard Burgass

the

the

or not

guilty because,

cutes

for

who prose. the said Lady the Queen

use; as well

in this

{

.9.

181

in this behalf

as the bait Salordon Lacrase, have put themselves upon

the said piny. And the pros of the said Jury by the Officiating Recor.

ding Officer of

this Court

Court for

This

purpose impanelled and returnid to wit, George Drouet, Joseph Latter- Francis Dickens, John North, Jann

Carved

Miller, Charles Trachwick, Robert

Mackins Stephenson, James Brimsions,

James

Thac humray, Charles Francis Smith, James Bowen Pain, and Minixock Mac Liven, being callest come; who, being, elected, tried, and sworn to

speak the truth of and conciling the premises, upon

upon their

their rath

Jay,

that the said Salvaton Lacrace is

is quilty of the felony and murder aforesaid on

on him above charged

in the form aforesaid, at by the

Indictment

10.

this

the

Indictment aforesaid is above sup= posed against him. And upon

it is forthwith demanded of Jack Salvador Lacrase, whether ne hath or knowe #

any Ling & say wherefore the said Sir Henry Pottinger

here ought not upon the: premises and verdict aforecard to proceed to judgment, who nothing turther saith except as he before hath said. Whereupon all and

Singular the premises being seen,

and

дет

by

the

said Sir Henry Potten = here firily understood, it is

considered by the Court here, - that the said Salvador L'acrase-in

be taken to the Jail of Victoria

m

whence he came, and

from

from thence to the place of execution, and there be hanged by the neck

until

until he be dead; and

wards his body

anatomized.

and that

182

after.

be

dissected

and

CMHillier

Officiating. Recording Officer

to the Court.

:

1

יין

भर

Inel : I in despatch. 53 of 1844.

RECENTLY

AUG 18

1844

1359 ALL

Nolis taken by Fu Henry

183

Pottinger on the trial of Salvador Lacrase for the murder of

RECORD OF

-

Fitbites. Duncan Rewart Oliver is called

into Court, sworn and deposes as follows, Sam Master of the English Breg Harlequin and was so in October last. The Harlequin lay at anchor the whole of the month of October at hammo. hammo is about 117° East Longitude. It is within less than tin miles of the Mainland of China. Iwas

d

a v

of China.

shore. Heard that the 2nd mate, Mr Hopkins, had been wounded. I went on board. The wounds had been dressed. - I saw them two days after. One was severe and one slight. I mean by severe-deep- the edges of one wound were rugged as if a knife or some instrument had been

turned

-

184

The

turned round in it. It seemed about poo

of

no

n

encased. Thad no matice existing on the part of;

inches broad and three or four deep. Mr. Hopkins the 22 mate had been

nd

previously in good health. When I went on board

couch in the Cuddy-

he was bying

on a

He lay there till he died. He was

sometimes carried

air: Shad no

on

deck to get fesh

conversation with him.

I was ordered by the Doctor not to speak to him. I do not know what he died

ourr

of. Imean from my

Knowledge. I was told he died from inflammation of the Bowels caused by the wound: I "believe that that was the case. Sobserved no intestines protruding when I saw the wound. The deceased was apparently in great pain :- After he died I was present at the examination of the hody - One large intestine was divided and wounded very much. I knew

To

Risoner against the deceased. I had conversation with the Risoner after the

stabbing

this wit

The Risoner declines to ask

witness any questions and he is

allowed to withdraw.

2 titress Benjamin Holton swom. I am a

burgeon... I have heard the last titness evidence I think the wound described by him would cause death. I have no doubt of i

3rd With

recover

it. No n

an could

man

a for such a wound.

Mitrests. The Honorable Major Caine is

called into Court and sworn. - States- Sam Chief Magistrate of Houghing.. on the arrival of the Harlequin from hammo, Sexamined into the cause of the death of the 2 = mate of that vessel . The Risoner at the bar was

present:

1

EX

-241 Theld out no inducement & present.

out.

used no threat, to make him confess.

- Stold him that whatever he said

"

would be taken down. These

are

the

or

magisterial Records of that examination. The Prisoner said that a mark

по

his shirt was blood which flowed from

om his

his mouth when he was kicked the 2nd mate. The thirt was so

soiled and dirty that I could not say that the marks pointed out were those of blood. The hitmer declared he was blind pourrage. that he was out of his senses from anger. He said he

liked W. Hopkins . He disliked him because he beat him.

never

Λα

The Prisoner declines to put any questions to this teitness, who is

allowed to withdraw.

Lewis Baretto is called into Court Witness

and

*

Fitness

185

and poorn. States as fellows. Sunderstand Spanish and Portuguek, Jacted as Interpreter

eler on

on the examination held by the Chief Magistrate into the cause the death of Mr. Hopkins. I now refor

to the magisterial Roceedings before. the Court. They

passed on the

of

are correct, and what The occasion The Prisoner declines putting

any questions to this witness who is

allowed to withdraw.

ru

Dan Partridge called into Court and hoorn deposes as follows. I am at present 2nd mate of the Brig : Harlequin, I was 3d mate . I was on board the Harlequin in October last, The

Prisoner at the Bar stabbed Williams

in in

Hopkins on board the Harlequin October last. I saw him do so. I was on

the top gallant fore castle attending

to

1:

หู่ 11

to

3. The deities of the vessel. The deceased Hopkins was then 2 the mate. He was also deck. He came ward and asked the Prisoner at the Bar why he had

on

forward

only scrubbed two gratings. The 2 = mate then struck the Prisoner with the palm of his hand, and called him

a

lazy fellow. He soon

a

after

struck him second time. This was about three

minutes after the first blow. I heard the Prisoner say nothing. The 2nd mate struck with the palm of his hand. a good blow. I was about right feet from him. I heard the sound of the blow. The Prisoner was on his knees, scrubbing a brating. The blow did not Krock him down. The 2nd mate stood

I

a little looking at the Risoner. Swal at this time occupied with duties on the forecastle. My

my

oww

the forecastle. My attention

was

was

186

attracted to what passed. I saw both blows. The second one was like

the first. The Prisoner went on

scrubbing the brating after the first blow. The second blow did not knock the Risner on the deck. Spositively

sitively swear that. Sheard the sound of the second blow, as I had done that of the first. Jonly

saw two Haps (or blows.) The mate did not kick the Prisoner.

H

2

The

had done to, Imust have seen it. The Prisoner Kept scrubbing. I was looking at him and the 2nd mate. Scannot say how often

the Prisoner moved his hand back and forward - in scrubbing- after he was struck. From one to tew times. The 2nd mate stood over Prisoner looking

2"

-

at him. The 2nd hate turned round to walk away. He had got about six

when the Prisoner, feet away

er jumped

up

" up and stabbed him. I saw this . The

2nd mate turned round when he was stabbed. The Prisoners back was then to the 2nd mate. I can with No Smith (the Supercargo) to get the knife out of the Prisoner's hand. He grasped it so tightly that

we

we

could not do so until

struck his hand against the Bits: The Findal and Lascars came as soon as the trife

was taken from the Prisoner, who was then secured. I . then wished to render the 2nd mate

assistance, but he begged me to go for

the Doctor who was on

' a

shore, Powered

used

boat and did so.

The Knif by the Prisoner was like that which

all Manilla

men wear. Double

edged and sharp pointed. Hove it in his belt. It was not a clasp knife- The Prisoner was

originally shipped

as

.

187

as a Sea Cunnie or person who can steer the vesel. He had been reduced. Does not know whether Nor Hopkins report led to Chisoners being reduced not.- Has seen W. Hopkins strike the Prisoner before- About three weeks previous

that occasion

or

only

a

once.

Chrisoner

on

turned round and gave

black look. Means

In Hopkins

a menac

renacing

look. Thought the look denoted that the Prisoner would serve him (Mor Hopkins out at some other time Mr Hopkins observed, that he should like to know what the Prisoner meant by sich a look. Witness had no idea that the Prisoner intended to stab Mr. Hopkins. Witress has had conversation with the Prisoner. He used to look black when his meals

were

given

no

was

to him: Generally he

laughing

EX

188

giver

ago

laughing with the Crow: The blow

to the Risoner by Mr. Hopkinis about three weeks was a

few... days before the Prisoner was reduced. The Prisoner declines to att any questions of this Witness, who is

allowed to withdraw.

b

Lewis Christian Smith called 6 thtricht. into Court and sworn-States-Sam

Supercargo of the Brig Harlequin, and

was so on

board of that vessel in

2

on

Nammo Roads in October lash. M Hopkins the 7th male was stabbed. I was then below. I heard a noise deck and ran up . I saw Nor Hopkins the 20th mate struggling with the Risoner forward. hove of the would come to assist in securing the Prisoner. The Prisoner had a knife in his hand thus ( here witness

describes

crew

lo

describes what is usually called back handed) and was endeavouring stab Mr. Hopkins. Scalled to the Syrang

to come to our

was

assistance . The Rismer very thong . He got the knife out of Prisoner's hand: The Prisoner was greatly enraged. When disarmed he was bound to the side of the Ship . He looked back when toitness was examining the wound tur Hopkins had received, and laughed. Witness

thinks he would have made another attack on Mr. Hopkins had he not been bound. He was in a great passion. Witness at this time only observed one wound. Mr. Hopkins was

isted below. He

a

never came on

deck

by himself after this. He died a werk after: Witness has no doubt het his death was caused by the wound he

received

DEX,

received from the Risoner. Edeceased was healthy and stout before. Witness never heard, that he had been treated by the Doctor for any

other sickness

or

reason except the wound. Witness has seen Mr. Hopkins strike Prisoner once or twice. Can speak positively to once. About 8 days before he was stabbed. Sitness observed to Nor Hopkins, that the

do him some

harm " - Prisoner might do him He made this remark because Risoner

walked

away (after being struck about 8 paces, and stood and laughed maliciously. Witness

saw the Prisoner

-

He did

pass the dead body of Mr Hopkins- He did not appear to be

to be sorry not actually laugh, or smile. He served unconcerned .- Witness had some conversation with I. Hopkins before the - from the shore to dress the

Doctor came

wound.

189

wound. Mr. Hopkins told Intress he thought the Risoner had done for him.

He meant that he would not recover. Witness saw Mr Hophins dead body examined - understood he had died from the wound. Witness know nothing about the Risoner bung reduced from

a ka Cunnier

The Prisoner declines to ask

this Witness any questions, and he is

allowed to withdraw.

f Witness. Trancis Antonio is called into

Sain

Court and Sworn. States. I am a hative

of Manilla - I was on board the Harlequin in betober last-Remembers Nor Hopkins being stabbed by the Prisoner about (O'clock in the morning. Describes that Mr. Hopkins

Hopkins came

pom below apparently to look for the Risones Did not find him - Prisoner presently

-

Came

INDEX.

N

came

from the Head _ W. Hopkins

asked him where he had been- Risoner

replied he had been to the Head. Mr. Hopkins struck the Prisoner a blow, and

said. "Do as

I tell you

Prisoner replied

three paces

"Yes, Sir. After walking

walking away came back to the Prisoner

Mr. Hopkins came

gave

who had begun to scrub a trating and hime another blow. This was repeated three times - Ir. Hopkins (after the third blow) Kicked Prismer who jumped up: pulled out his knife

M

which he had in his belt and stabbed No Hopkins-Witness describes, and speaks

saw - They (Mr. Hopkins

pom what he saw . and the Prisoner) struggled together.

Thinks it was about a

quarter of a

minute after

the Kick was

giver before

Mr Hopkins was stabbed. The Prisoner

went on scrubbing the trating for

moment

a

190

moment, then jumped up and stabbed

Mr Hopkins - Cannot

Jay

how

·many

times Prisoner moved his hand in

scrubbing the Grating after No Hopkins

him the last flow. Witness has "been struck frequently by R. Hopkins

gave

Has had

no conversation with the

Risoner since the stabbing took place The Prisoners face showed great anger.

He was in a

fire.

a ra

His erges

were

like

Srevious to the day on which nor Hopkins was stabbed the Prisoner had observed to Witness See how this F. Mate

about.

orders us

to put

The Prisoner has no questions

to this witness, who is allowed

to retire.

5. Witness. Duncan Stewart Oliver (the first

thtress) is again called into Court

and examined on his

on his former

1 former Bath,

Mates,

1

DEX

༠༩༥ལྕ

states, - The Prisoner was

-

at. Hongkong

shipped by

at a la Cunnie-Talso

disrated him - Neither I Hopkins

any

one

nu

nor

else suggested that disrating. I found out, after we put to sea, that

unequal to the duty, and therefore Idinated him :

he was

Prisoner has no questions to atk and the Whitness retires.

Shaik Mahomed (a Mahomedang "Wilniss native of India) called into Court and

Sworn on

the Koran - States as follows Jam Burra or Head Lindal of the Brig Harlequin - I was to in betober lash I know the Prisoner at the Bar-He had been a lea Cunnie but was disrated.

We were washing decks in the- morning . Ir tropkins the 22 mate forward and asked who was scrubbing the tratings - He was told

Came

-

the

ED

191

the Prisoner. He ordered the Prisoner to

be called and when he

came asked

The

him, why he had

gone away Prisoner said he had occasion to go

was on

to the Head. The Prisoner began to work at the Crating . Mr. Hopkins truck him three times, and when he turned to walk away after

The third blow the Prisoner jumped up, rushed at and stabbed In Hopkins. The Witness the other side of the deck and could not distinctly see all that passed. He heard the blows given to the Prisoner. He thinks that after the third blow was given by Nor Hopkins, 10 or 12 might have ben counted before he was stabbed - Mr. Hopkins might have kicked Prisoner without Witness seeing it. He distinctly heard the blows. The Prisoner was

in

DEX

WILL

inv

a v

violent rage.

the Knife

even

He was in a state

of passion. He would not give up

when seized until it was forced pom him. The Witnes and Prisoner Cannot converte together. He has had no sort of Communication with the Prisoner as to No Hopkins having beaten him or others. He knows that Mr. Hopkins used now and then to strike the people.

Prisoner having no questions to ath, the Witness is permitted to

withdraw.

canc

192

up and said something and struck the Prisoner - W2 Hopkins went

а

away a pace or two, and then came back. Risoner continued cleaning the Gratings - Mr. Hopkins struck Pusoner

second time. Witness was afraid to look up, being himself at work. He does not know what acured after this The next thing he observed was that the Prisoner and Mr. Hopkins

a

were

struggling together, and that there was Knife in the Prisoner's hand. It was immediately after the Witness heard a blow that he saw M. Hopkins and the Prisoner struggling - He cannot exactly he could count pom

10th Witness.

Say

Thomas Aquinas being called 10 Mtrife into Court and town deposes, as follows, I am a native of Manilla - I was on Iam board the Harlequin - I was with the rest of the Crew on deck on morning of the 20th day of October Sanc Risoner scrubbing a brating. In Hopkins

the

Ssaw

Came

how

many

the time he heard the blow, till the

struggle began. Witness was also

employed

on a

trating, and dared not look up. Witness did not go to

asssiss

INDEX

α

EXT

Say

ΟΥ

affist in heuring

the Prisoner-He cannot whether the Prisoner was angry - not . He supposes he was angry both prom what he did, and because he was struck and kicked. He saw Mr Hopkins Kick the Prisoner at the same moment he struck him a blow-

The Prisoner declines asking any questions and the witness retires.

John Francis sworn-States. I am 1 Mines. a native of Macao - I was servant to t= Hopkirs and on board the Harlequin

master was stabbed. My days and then

when my master lived some

died of that wound. He had no other illness. Shave seen Mr. Hopkins strike the Prisoner before - Once or twice. Phisoner remained quiet when he was struck: Iknow of no ill will that the Risoner Піногоброго

had towards Mr. Hopkins-Inever heard

of any such feeling Benny Bing

193

DE

A

194

Incl: 3 in despatch $. 2. of 1844.

195

In the matter of Salvador

Lacrase a Spanish prisoner

charged with the murder

of William Hopkins

an

English Subject on board

an

English vessel at Nammo

in China.

The Order in Conneil constituting the

Admiralty and briminal Court now existing in the Colony merely gives it Jurisdiction over Her Majesty's Subjects and it will naturalle # to become

matter of inquiry how for Lacrase may come under that designation Blackstone

Vol 1. P. 369. 70.

makes some

remarks

on

the subject which appear to me

toterably conclusive

they

are as

on

the

point and

follows. "The Cath of

allegiance

、་ " :

Aut

Allegiance may be tendered to all

persons above the age of twelve years

whether natives denizens or aliens

either in the courtleet of the manor or in the Sheriffs town which is the court-lect of the county. But besides these express engagements the law

also holds that there is an implied

original and virtual allegiance owing

from every subject to his sovereign

antecedently to any express promise, and

although the subject never swore any

faith

allègiance in form. For king by the very descent of the Crown is fully invested with all the rights and bound to all the duties of sovereignty before his coronation; so the subject is bound to his prince by

or

or as

an intrinsie

allegiance

the

196

allegiance before the superinduction of

those outward bonds of bath homage

and fealty which were

only instituted to remind the subject of this his previous

duty and for the better securing its performance. The formal profession therefore or oath of subjection is nothing more than a declaration in words of

what was before implied

before implied in law, which occasions Sir Edward Coke very justly

to obsewe that "all objects are

bounden to their allegiance

equally

as

if they

"

had taken the bath; because it is written by the finger of the Law in their hearts and the taking of the corporal oath is but an outroard declaration of the same. The sanction of an Gath it is true in case of violation of duty makes the

guilt

DEX

1

30%

اد

quilt still more accumulated by super adding perjury to treason but it does not increase the civil obligation to loyalty it only strengthens the social tie by imiting it with that of religion. Allegiance both express and, implied is however distinguished by the law into two sorts or species, the one natural the other local; the former being also perpetual the latter temporary. Natural allegiance is such as is due from all onen born within the king's domimions immediately upon their birth Local allegiance is

such as is due from an alien or stranger born for so long time as he continues within the king's dominion and protection and it ceases the instant such stranger transfers himself from this kingdom to

197

another. Natural allegiance is therefore ..

perpetual and local temporary only

анд

that for this reason evidently formded

upon the nature of government that

allegiance is a debt duc from the subject upon an implied contract with the prince

that so long

affords protection

so

as

the

one

long the other will demean himself faithfully. This allegiance then both cxpress and implied is the duty of all the king's subjects under the distinctions here laid down of local and temporary or universal and perpetual.

I am aware that in India the Term "British Subject" has acquired

definite

Technical

a

oneaning which however is not

the case with the term "Her Majesty's Subject

in this Country and I think that the

fact

another

EX

}

198

fact of the circumstances of the two countries being so entirely dissimilar will warrant- the putting an other construction on the term. The circumstances of this case are

not fully detailed by Mr Oliver the master of the big Harlequin but I presume that Sacrase struck the blow and that Hopkins died on board that vessel and that Lacrase voluntarily entered on board the vessel in the usual

maimer.

There are two reported cases

apparently similar to Laerase's in which the accused parties have been declared not amenable to the English law. These cases are the King age depardo / Taunton 26. and the King agst de Mattoes 7 b&P. On examination however I think that

these cases are

distinguishable from the

onc

now under consideration and cannot

be considered as forming a precedent for the discharge of the prisoner Lacrase

In the case of the King agst depardo the

Spanish prisoner

party accused was

a

of war who had been allowed to volunteer

as

a

mariner into the service of the East

India Company Whilst serving in that

capacity he killed an English Subject

on

shore at Canton. He was brought to England and tried and convicted for the offence before Lord Ellenborough and Baron Thompson but doubts being entertained of the propriety of his conviction the case was ordered to be argued before the twelve

Яго Andges.

Judgment was ever

given but

the result was that the prisoner was

ont

"!

discharged. The Judges not having stated

the

DEX.

the reasons for their decision it is impossible

to say

on

which of the grounds raised

for the prisoner it was arrived at but the

following circumstances seem to one to

preclude its being drawn into a precedent

the present case.

to

govern

1st Depardo the party accused was

a

East India Company

199

was void, he as an

alien enemy not being capable of making

}

any

valid contract with

English Subject

prisoner of

war

and although he volunteered

into the service of the East India Company

it may

be fairly argued that he did so

under duress and to avoid the squalor

carceres that he consequently did not volimtarily render himself amenable to

same manner

English law in the same

that

the prisoner Lacrase has done by freely

entering

on board on

English vessel in time

of peace. Indeed it was contended for Depardo in argument that his contract with the

Bast

that he consequently still retained his character of a prisoner of war and was therefore not subject to English Municipal Law. The Sudges did not seem to favour

this argument much but it is possible

that it may

have had some

weight with them.

shore 2ardly Depardo committed the offence

on

at Canton where he was clearly out of the

Admiralty Ivrisdiction whereas Lacrave stabbed Hopkins

English Ship

in a

on board an

foreign port where he would be

clearly within it.

3rdly at the time of depardo's trial doubts

seem to have been entertained as to the

Jurisdiction of the Admiralty over persons

on.

DEX.

--་་--

802

on shipboard at a place so far distant

from the sea

as Canton the decisions

however in the King aget demot 1812, and

the King agst Allen 1.Mood.6.6. cited in

Archbold's practice 253. clearly establish that the Admiralty, possesses Jurisdiction in all foreign ports creeks to where great ships go.

In the King ags! De Mattoes the party

Spaniard who entered on

accused was a

board an

English Ship in England for

a

trading voyage to the Indian Seas On the Ship's arrival at Kanzibar the baptain left the vessel set up in trade ashore and

engaged De Mattoes as an

Interpreter who

then ceased to serve on

board. The Ship

without

went too or

three short voyages

De Mattoes and returned to anchor in a

roadstead between Zanzibar and some Glands

منظر

200 the crew being ashore one of them quarreld

with De Mattoes and was struck and killed

by him de Mattoes was tried in England

before Justices Vaughan and Bozanquet and

acquitted on the ground of want of Surisdiction

in the Court. In this case it will be seen

firstly that de Mattoes struck the fatal blow,

on

shore and secondly that the blows were struck after De Mattoes had quitted the Ship

had lost all right to English protection and consequently had ceased to be liable

to English Law. These circumstances appear

to me to distinguish it sufficiently from the present case. I subjoin an extract from work of acknowledged authority "Deacon's Digest of Criminal Law" which favours the view which I take of the present case

The extract immediately follows a paragraph

a

the.

in

DEX

}

201

in which the case of the King agt Depardo

is quoted and is as follows.

"

But quære

whether

a

foreigner voluntarily

"

" contracting to serve on board an English "Ship might not reasonably be considered " " to be (during the continuance of such service)

" within the King's protection and consequently"

"to owe

that local and temporary allegiance

"

"

which is due from every alien while he

continues within the King's donimions I

"

"Bla: Com: 370. For otherwise a foreign sailor"

"engaged board an English Merchantman"

on

" might murder any of the crew with impunity

"who happened to be on shore out of the

"

a

British dominions. If he was employed.

" on

board a King's Ship he could a doubt"

"be dealt with according to martial law

"but if the case of the King agt! Depardo

is .

"

"is to be recognized

appears"

as law, there appears

" to be no other remedy for the punishment

"of

a murder of this description than having" "sunnary recourse to the principle of the "

"ley tationis."

It will be seen that in both the cases

I have cited the accused parties were put

upon their trial. My opinion of the case

now under consideration is that Sacrase

having voluntarily put himself under the protection of the English Law, is subject

to that law and having Committed an

offence

board English ship is liable

on

an

to be punished for it by the Law he has chosen for himself. But even allowing

that

such

be an

an

opinion should finally prove to

incorrect one I should still recommend

that he should be put upon his trial and

Convicted

..

DEX.

1

1

convicted such a step would put the

matter into a proper Course of being decitted upon by the High English Saw

Officers and would enable the Stome

Government to bring the matter more readily before the Legislature if the

present state of the Law be pronouneed

defective and to require amendment I feel confident that the question of Lacrase's amenability to English Law is

by

no

one means

so clear in his favour as to

expose such a step to any chance of censure

and as all capital sentences must be confirmed

in England before they can be carried into

execution here no additional inconvenience

can be sustained by waiting for the opinions of the English Law Officers.

1

202

Incl : 4 in desfalch F. 2. if 1844.

Gentlemen of the Grand Jury,

}

In

203

addressing you on your being

sworn in, my remarks shall be as

are

Jew

assembled.

and. brief as possible. We- here to-day to assist in the discharge of the most important duties that

on us as Men and as

devolve on

can.

members

of society . Those of administering justies.

to our

fellow Subjects and upholding

the Laws of our fountry and the

and. Honor of our. Gracious

Dignity

Sovereign.

In the wholly unprecedented.

position in which I am situated it

would be equally useless and

preposterous for

me to attempt to enlarge

the functions you have to perform.

on

I am not aware that the

cases

which

}

will

INDEX

will be laid before you.

technical

OL

have

any

peculiar in them

thing -You.

of

the

-

say

ou are

after examination

or

the less

serious

Witnesses and full deliberation - to

whether those cases come- under the head of Murder criminal, though still highly charge of Manslaughter.

Should you find any point of difficulty Scannot say

instruct

Lay,

you

on.

that I will

it, but this I may

that I will be happy to give you. my opinion supported by the best advice that Jean- obtain - I will not·

dismiss

labors without

You to your reminding you that in all cases

where

You may

have doubts it is a

the

wise and humane principle of Law to give, the advantage of those

doubts to the accused and

an

observance

observance of this rule is more

specially necessary when it is

remembered that he

can have

no

204

Counsel to plead for him. I wish- to God that

my

share

of the

Investigations on which we are about

had fallen

to enter had.

Men into more

competent hands, but I can at least. that I sit here to exercise the

mise

promise

most rigid impartiality as well as to temper Justice with Merey, and. I am assured that you

will most

cordially and anvioriely unite with

me in the same

feelings..

Bring lossing

INDEX

705

2

Inel : I in desp: 5.3. of 1844.

205

After reading over the Notes of Evidence marked Nr 2. Her Majesty's Superintendent. He as

Ve

presiding Judge

made the following observations to the Petty Jury:-

"I have thus, Gentlemen. (of

the Petty Jury) read and explained to

the Notes I have kept

You

on

the

evidence which has this day been-

delivered by fourt. You

u

the Witnesses

before.

this

have seen that the

Prisoner at the Bar has declined to put any questions to the Witnesses.. Mr. Burgau- the Legal adviser. of Government. _ has explained to you

_

-

the distinction between the Crimes

Murder and Manslaughter, and.

You

are now to deliberate and

say

"

f

INDEX

of which of those. Crimes the Prisoner. quilty _ of his quilt in the greater-

is

or lesser

de

question..

degree

there

can be

no

The Evidence as to the death

of William. Hopkins and the

of

cause

his death is full and explicit

You

have

-

a serious responsibility to acquit youreeves of, and. I have only

to beg that in

that in doing so you

will lean

to the side of Merey and will give

the Prisoner the full benefit of any

doubts

You may

have. If you

wish

Notes, or to ask

to refer further.

further to my questions from the fourt, they

are a

any

at your

service and I will be prepared to afford. You answers (to Your questions) to the best of my ability and judgment

an

The Jury retired for about half hour and having returned. into

fourt

Murder

fourt delivered a "Verdict of M

use,

but

against Salvador Lueras recommended. him to Merey

on

account of the provocation he received

at the moment

crime.

of committing the

Esern

*

SOS

Pret: 6 in despatch $2 181844.

207

The Prisoner Salvador Laerase

having been acked what he had to

that judgment

Lay

ent should not be

pronounced. upon him and having "replied "Nothing" Her Majesty's

presiding Judge

Superintendent, 40, as addressed. him as follows.

"Salvador. Laerase!

You

have been found - Guilty after

a

"most""

patient and impartial trial. of the

of Murder on the body of

great crime crime

"William Hopkins. You have stated

that you have Nothing to urge why should not be pronounced-

judgment should not be

upon you.

The

painful duty

therefore reets with: the fourt to direct

shall be taken. from this

that you

Place to the Jail of Victoria whence

You

11

You

came

and thence to the Place of ruecution and there be hanged by the neck until you be dead and that Your body shall

afterwards be

discected and anatomized... but the

in the recommendation

case to the

bourt concurring for Mereg which the Jury who have- pronounced. You Guilty have offered- will humbly submit-your- Gracious and Royal consideration. and clemency of Her Majesty The Queen of England, and pending.

receipt of Her Majesty's Commands You are adjudged to remain in- prison in custody of the fhief- "Magistrate of this "folony

the

then

The Priemer was removed from the Bar in custody of the Chief Magistrate and the

fourt

208

fourt adjourned till the following

day.

C

22

(

--

་་་་ -"-་་ ་

j

Case ho 45.

7

1844.

Incl: 7 in despalet 5% of 1841. __

Chief Magistrate's Office,

وي

209

Enctoria, Hongkong 3 Hobruary 1844.

Case No. 45.

Proceedings by the chief and Marine Magistrates of Stongtong,

under instructions from It is Excel = lency the Governor of Hongkong.

investigation of a charge of huurder, brought against Salvador Lacrase, seaman

in an

چکاتے

of

the British

brig "Hartigeim", the property of -

Press = prame Mathesonals, inorchent

of China

The Chiefs and Maine Magis - trates having taken this Leats, the in prisoner Salvator Lacrase is brought

mits Court.

John Havis, keeper of a boarding

house

3

2.

at Traçao states that he under

house at

Stands. the Spanish and English - -

Languages,

and consent to act and

Interpreter _ He is sworn a ccordingly

-

the prisoner acknowledges

kriswelf to be rightly designated as Salvador Sacrase.

Read letter / Fr. 33 fattached to these proceedings ) from the Colomed l'eccetary ordering this investigation. The purport of this letter is explained to prisoner.

Prisoner is told, that the charge preferred against him it. that the morning of the twentieth- October. One Krantand eight hue- : dred and forty three aid on

the British brig Harlequin, then lying. at anchor in the Strait of

he

کرے

board

Framme:

=

"wit: Pros:

3.

hanno, on the Coast of China,

210

feloniously, and inslaufully, opault

Sound William Hophuis, 1- the said vessel;

and wound.

second mate of who died, on

Game

the 27th of October in the

year, of the wound. or wounds.

Do received.

Persones pleading not guilty, San Partridge is sworn and

deposes.

Iam second mate of the British brig Harlequin. I was, previous to the Siccase of Pilliam Stopkri's, Fard

: cate of the Harlegum. In Friday - / Ibelieve the 21 of Extober/wotrep

Thehevez

:)

lates that he is not certain as to the

date without reference to the log

book) at seven M.,

was standing

on the tot gallant forcastle of the Harlegum - which repel

evas

Hen

aucher

دی کی

4.

anchor in the Straits of Hammo

Millian Sophins, the

the hand. Prisoner looked up

211

For Hopkin

are a lazy fellow why have

"

second mate

said you

"1

was in the waist

of

the ship. The

you not finished them,"

him, kneeling

on the

Krisoner was near

sects serutting the gratings of the ham.

nock netting!

Insoner had semioved

Á zapa

-grating

and was

scrubbing

a second

Be had been ordered, at

half past five

-rock that mornice, to serve the five gratings which belonged to one sixe of the seck. I had occasion to call him twice before he set to work, he worked.

very unoillingly. I'm of 1- opinion that

with...

Eight with

a person wright.

: iligence have sembled all five gra=

an hour. Her Stepknit-

tings in half.

asked me

10 nose

if prisoner had scrubbex_

than two gratings.

Isaia

22-0

Mr Stopkins then. Strunk prisoner on the

dide

of

འབྱུང་

the head with the palm of

the

and struck

him again in the same manner. About three minutes clapsed lectiva

1

beliver

the two blows Prisoner said nothing Mr. Hopkins turned away, and was on the point of going under the forecastle,

cohen prisoner drew a knife from his belt and stabbed him no the left side - Mr. Hopkins was about five feet from the gratings which prisoner was scrub = bing sohen prisoner stabbed him. Prisoner struck a back handed blow- For Hopkin's back was to prisoner. when he was stabbed, but on feeling

the blow he turned round and. sized prisoner's arms above the elbous. Furoner then stathed him

again

close to the first wound. I

Jaw

NDEX.

$15

Jaw

both wounds

given

For Noptiis

cried out "he has stabbed me and

coiled for the secang and lindals,

any

he however did not render

arry agis: tame. Isirked a cash stone which_

lay

the fore hatch, in order to sitte

prisoncé's hand and make him drop- the knife. I offered to strike him, but Je turned hostopkins back townes Me and this protected inimtes . by For Stopkins' body HerHopkins was bleeding freely.

Mr Smith, the superca 91,

at this time came

on Neck

and priso=

for was taken inte sustody with his.

Mr Smiths

(iitis / apprstance and that

and tindals who then

serang

Forward for

T

from the

way

212

in which his arms were

held he could not effect it. When

I closed with him, he pointed the

tonite at me

strike me.

Alone

for me.

intheted.

best did not offer to

Mrr Stopkins said " he has My

He second wound was

almost minestratete after

the fist but appeared to be a much Sights wound than the just "Geo huvila men

rumor? known in th ship is lomas and Edro! were

ހ

landing within ten feet & Br Athens when he was stabber. Hey-

did not ender the sit igitest assistance

time. They had been shipped

X

of the

a arre

the first time. Pusmer

fpeared to be

much enraged.

very much

He made several atternpets to nighist

third blow on

Mrr Sophins, but

ú

From

:is but retrated for not as Lea cummies, but ritrated

being able to stier the ship Sconsider

napistaine acose from.

that their

.......

sionclivation, not from fear. They-

cord not have prevented the second

blowe

CTS

می

blow given by prisoner. They

were

nearest persons to prisoner whom

:: aw at the time. They

An

lvere.

hott

the

scrubbing at the time. The gratings the other side of the deck had already

been scrubbed when Witch. kins found fault with prisoner - 3 shout a week before Brotoplemis- was stabbed, prisoner, after receiving his usual allowance of

of grog,

tried to get from the steward of

vessel -

the grog of

onl

of the

of his companions, _

which was contrary to orders

contrary to orders - each man

by the regulations of the copot being-

obliged to come for his own,

own groz

In Hopkins actected him, and struck

hand on

him with the open & side of his head. Pusoner turmel

round, as he went forecard, and

-

black look) I mean a me=

gave.

a

a black look //

nacing

9.

213

menacing look / at Mostopkins, who observed him, followed him, and asked him what he meant by it. prisoner did not say my thing, and was pushed forward by hm. Stoptains. After this time, I often observed prisoner look black at - Mrr Hopkins. This led me to conceive

that prisoner had

a rooted ill will

d. a

to Mr Hopkins. A Manila man --

Antoure was standing

haired

the forecastle when hr Stopteris was

stabbed and said "no no ombre;

which I understood to have been

Antonio dida

said to prevent prisoner stroking. Dr Hopkins. not apsist

me

any

خراسان

he

might have done

but I believe he was

hove a good

and a

afraid. Ite

character as a Leacumine

man. The knife used

a by

by-

NDEX.

prisoner

:

İ

H

10.

prisonce was about seven inches long in the blade. It was similar to there.

usually

1~

by Manilemen. It was

in sheath at prisoners belt.

a.

fr Panday, the surgeon for the shop.

at hammo afterwards took

charge of it. After prisoner had been

taken into custody, I lex M4: pking

aft and, went on shore for d'Hamsay,

من

ho shortly afterwards attended. Dr__ Hollins. Prisoner was

perfectly

sober when he stabbed Im Stophuis.

For Stopkins appeared very weak from blood when I retumed from

Top of

Seeking

F Ramsay.

I saw that

L

sheet had been torn up, and Mott's side had been bandaged. Echieve that these bandages, with

the clothes which but wore

he

when

was stabbed were, with the excep=

tion

214

exception of a flannel waisterat atte washed, or thrown overboard. Iest

(

sied on

the

27th of October, at about

5 minutes past 7. P. He only

or vre

shoke to me of prisoner after he ___

And

A

beler

wounded . He then expresses

soner was in

was in Jafe

hope that prisoner

custody. Scxamined the knife

with

hich prisoner stabbed hot. It was

:ery sharp, and was two edged

Edged for about l'alf an inch from the point to the handle. Ito point was broody.

It appeared to have entered burst's

body about two inches and a Pusoner's hands were.

half.

bloody. I did

not lear prisoner speak a word -

either at the time.

of

the stabbing

Was

perfectt

or afterwards. Brist

other when he was stabbed briffi

usual manner to the crecer was

gentle

1

22:

gentle. Se

Was A

.12.

acting

s Chief Officer

The Chief Efficer was on

desty in the

Ars

Folkestone .. The prisoner entered the

this willingly

ars

of his

oven assos.

He did not sign artistes, because it

was brad not then the custom to do so.

Prisoner was

Ben

was dressed.

as

he is now dress

1 / in a black flameel shirt, white trowses and slott cap). I saw one of the sexcummies of the Harlequim struck, on one occasion, by the Chief mate in the

Vamli manner in which

was struck. It is nomat for

prisoner was

an officer, when he has fanit to find

with

hin

r seacummie or lascar, to strike

011

prisoner was stroke. Inever heard pissover threaten Brest. Shave been in two ships manned with a

lavcard - The

the Harlequine

the crew on hourd usage of

was much better stan

that

that of the

crew

خور

of

215

thire two ships.

The Harlequin is manned with lascas The prisoner shipped in, I think, the

- month of August last, at Stongkong

Cat a

تی ہے

miil, emeler an agreement

acumrie,

but he was to be

that

to be discated if it was

Drunk that he could not steer

the ship. A day or two after he-

was shipped, he was discated for the above cause. I was present at the

agreement and also at the dise bating. It is not usual for seacuring to snoch gratings. It being

Const adjoumns

es

ming

near

the__

until Monday mor

Prisoner is remanded to..

prison.

DEX.

پور

216

+ Ebonary 1844.

Second day's procedings

The Chief and Marie Magis.

trates having taken their seats, primer

is brought nits Const

John Stanis having notified

to the Court that he is unable to -1-

leave his business to act as

Interpreter-

Dr. Lewis Banetto consents to niter.

pret

and is

Sivorn accor

an

San

Partridge

nite Count and on

by

the Const on

replies

dingly.

is called

being questioned his former cath

I do wish to correct

A

statement made

by

me on

Saturday.

I then said that I believed Brostopkins

was stabbed

azv

the 21 October.

r I

find, by reference to the log book

Limit: Pros:

of

он

the Starlequin, that he was slatter

the 20th October. Jam

that

the

one.

of apsimon

minute clapsed between second blow received by prisoner om Mrs and the priot even from

received by Most prom prisoner.

The

wound

agreement under which proones shipped was fully explamix to n prisoner in the Spanish language when he shipped, by a Portuguese = who brought him

an

board the

Harlequin Teras present, and s-

understood enough of Spanish to know that it was

ned.

properly so explai-

This Portuguese

is now abs

Masas. By disrating, I mean, in

the case of prisoner, that, having _..

shipped

at a

seacumie

and

being

unable to perform his duty as such,

he was made to perform the duties

of

of

j

16.

of a lasear, and his pay was reduced

from 15% a

nie to me

99

mouth, that of a seacum =

$ that of

a

lasear. As __

prisoner had received 4 months advance, Captain Oliver told him, at the time he shipped, that, if he

were disrated he would have to

work

ه مه

lascar so

long

square accounts with the ship

at the rate of 9% per month .

Witness produces

in Consta

flannel inner waistcoat, which he

affirms to have been worn

by bo

It when he was stabbed or this

waistcoat are two outo and very

blood. The waist.

visible marks of coat has been washed, and the

cloth near the cuts is so torn

length cannot be

evr=

that their length c rectly ascertained. Mitres affirme

& Wit? Pros:

that the marks

17.

217

waistcoat are

of those of

blood on

the

Fr. It's blood

by

and

that the cuts were made

the entrance of prisoner's knife when

he stabled Post.

Witress confirms the preceding

evidence which has been read to him; and explained to prisoner -

the officiating interpreter.

by

Signed D. Partridge

witness withdraws.

Lewis Christion Smith___

sworn, deposes.

ас

Jam

a native of Denmar1⁄2:

I was supercargo of the Inition

brig Harlequin in the month of October last. On the 20th October, at 7 am the Harlequin anchor in the Straits of Kammo.

was at r

I was below. Sheard a noise on

!

that

deck

IDEX

دیتے

815

deck and ran up to ascertain

I sair a number

the deck, and

the cause

is on oui

side

Lascars

some Manila

ہے

of

the

the others ide

I save Mr Sopkins standing in the

on the Starboars

wiset on the

waith of these viset,

side, glove to the toppallant forecaster ite was

holding prisoners are a boo

the elbow Prisoner's back was towinht him. Prisonce had a knife in his-

hand. He was endeavor

endeavoring & stab

release

brood on

boot and to wheat homsett from Me N's grasp. said not see any the knife. I did not see prisoner

کا

stab Inst. Most called for

called for the crew-

!

to spist

him

him. I seized prisoner

}

.19.

Mandamer / / betione season

218

standing amidships within ten feet of prisoner. These men rendőr-

ed. 220

apistance. I do not know their names. As supere arg= Have

nothing to as

to do with the duties of

the ship In A walked aft, Schreve,

with rest assistance but Scanmot

thout aprotame

my attention

speak rettaing, as my

was wholly engroped wist securing persoonis. After prisoner has been - corred I observed Birkt standing

on the quarter of the vessel. He was leeding freety. The blood was flowing

on the dick. He said that he was ::fraid he should not live. He

bring the called to me not to bring

indeavoured to get the tance from

him the serang

then came to my

assistance, and prisoner was se= cured. At this time, Sobserved two

Inanilamen

prisoner aft, as

hi woad

afraid of

hime. I heard Mr Partridge, when I

was engaged

in securing presoner, ask

21.

EES

20.

Mrs. if he should

go.

for the doctor

I do not recollect seeing In Putridge :butil Isair him in the boat going In shore. From the time when I

first

ist

came on deck, inntil prisoner

had been secured, I was intent on

seriving prisoner, and did not

mything particularly.

affis=

observe any ted Mort into the Cuddy, and ended. voured to stamck the wounds

by

linen and bandages, until the n

Fou

Loctor arrived. To Hamsay came

an hour.

on hoard about half.

after for It had been wounded .. I then saw that Mr It had received tive wounds on his left side. A piece of fat protruded from

of the wounds _ I thrick the lower one. Othe knife which prisoner held was such

arre

as is usually

N

by Manislamen

and.

!

and I think that it was

usually woon

the

شه

219

by him / prisoner /

The Blake was about six inches

long . Sexamined it after prisonce had been secured . I found it _1- marked with blood from the point- tive inches towards the hands The upper part of the blade was - double edged from the point about two inches towards the handle. - The Krife was taken possession

The timives usual,

of by FoRamsay.

lvor w

by Manilormen ace double

-

caged towards the point. Im St. said that the prisoner had stabbed him. When book stood on

the m

-in

quarter, Shurriedly lifted it his - hist to look for the wounds . I then only saw one wound. While I was

was bound to the doing this, prisoner

belaying

mer wa

DEX

27.

23.

$28

belaying pins

the

Cate

نشان ہے

X

the

rept. He was within twelve fist

towards of Mr. 4. His back was lowerdi h

H. He terned his head coud to

look at Port. Sordered him not

to look that.

Comething

way

He then said -1-

7

in Spanish / which I aid

not understand) mil.

laughed. He

was sober. Bort was sober. I saw

brost strite prisoner, about a week before he was stabbed. Prisoner had

come aft to ask for

Kan

22207

· grog

he was entitled to host then stuck

Le went

prisoner; and prisoner, forward, lined round, looked

towards Most, and

gave a malicion laugh. Most went after pusoner

and asked him what Le meant

laugh. Pusoner

by giving such a

and not reply ;

:; and Mrr It then pushed

220

lime. I ao not recollect whether

Le struck him with the open or

remain

closed hand. When Mr It came aft

this striking prisoner, ked to him that prisoner had a

after

:bad intention towards hein Must

bad

replied that prisoner was a

man, had lieen disrated and was not fit.

to be on

board ship. J.,_

1

consider that prisonce, after this--

ocomens hove ill will to mot

When I took prisoner into cus

custody,

the 20 Cctober, he was dressed a

be is now dressed //noiner is dressed

an

Saturday ) . I never heard priss-

ver threaten to do harm to Books

I am emable to say whether press :icontarily agreed

to

prisoner board

to serve on

te Harlequin. I do not think that any one on deck heard what prisoner

xacil

24.

said when be made the speech and

laugher.

standing on the quarter dock,

he was stabbed. I was neares

the day to prisoner

2211

any of

the...

having complained to

at Mrs It, when Dorset was -

the

master of

the

vesel

that Mr. St

or

the Harlequin, a

in and

and therefore

cannot

any

one cise at

when

the time. It is not unusual, in

citter Manilamen or natives of n hoard Merchant

India serving

Ships neglect

orr

their duty, that they -

ere stuck by their officers : I do not

think that

any

retireen Movila

of

distinction is made

min and natives

was not overbearing

India. Most was not

or ernel to the crew, but he occasion.

ally struck men who did not do

struck them. I never was at-sea in -

say duty

whether prisoner was fit to do hit

at sexsumnie at cea, but I am

sea;

sure that he was not fit to do it in harbour. Frost lived only seven Rays-

after he had been stabbed. He died on the * Gctober. I believe he died from the effect of his wounds. I stated it

to he

when on the 20th Dec my opinion, tober I saw his wounds,

that he would

not recover. I erever heard Must make

remarks regarding prisoner during

any

disty

Har

I have several times--

seen him strike men

his illness from

the

of the crew.

I do not recollect whether Sever sour

him strike

avy

other Mandaman

than prisoner. Sam not aware of

any

2-2-2

to

effects of

his wounds.

lebout half an hour after Eskopkins

reath, prisoner was removed from for- ward, where he had been previously confired,

to the sail room abaft the cuddy.

abaft the enddy. Bristi -

body

DEX

26.

" hody was on the anddy floor. Prisoner

hapot it and

saw it, but I could-

it and saw it,

not perceive any change in his counte=

Arance

The flannel shirt now in Court

is the vere

~1

by Bust when he was Mtailed The cuts bound in it are

found in it when it was taken from

Borsts bode

arr

the

day

when he was

stabbed. The marks of blood in it are

tho

who

of Mott's blood. The

selang

· pisted me to secure prisoner after Mr. I had been stabbed has sinx dick. I de

not know what was his name.

The preceding evidence is con=

and explained to a

firmed by witness

witness and

prisoner, who aver anot withs to ask any

estions.

signea L. Smith

2 wit: Pros:

27.

Duncan Stewart Oliver

sworn, de posel.

222

I command the British brig Harlequin (Mitres produces his log __ bock and swears to the truth of the following strasts,

Brig Harleginn, hanno

hammo Straits,

NE Evast of Chrica, denean. L'Oliver

Friday, October 20th 1043.

Commander

Salvador (Lexcummie / stabbed hitapking

: : - two places in the left side. When Captain Oliver came on

board, the pest

: :im in rions,

and ordeud hun vice

day

Friday, October 27th Mr Hopkin

second officer departed this life after a becks sickness.

Located

"

Saturday Sotober 28th Barica the

further states. I belive that these

tomari

i

.28.

remarks were written by MorPartridge -

the Harle= now asting second officer of

witer the occurrences

guin, shortly i

which they relate occuried (Further

by

defodes in ansiver to questions putto

the Comt ) Pusoner came on hourd the Starlegum with a Portuguese

جیح

whose name

hid by August 1843

I do not krrow. Ite was chch.

on the 22%

me as a seasomnie,

in Hongkong harbor.

Ste received 4 months advance at 164

in

per month,

the

Dar

understanding, that if

Conne incompetent, he could be discated and be obliged to work out his four- mouths advance

as a lascar at the rate

of

sine dollars per month. This agreement

was fully explained to him several times

ber the before he was shipped, by the beforementioned Portuguese. I disrated him and two other

Manilamen shipped

shipped at the same time

as

prisoner

.29.

prisoner, shortly after the bing left

223

/

Stoughong . I do not think that the occur = sence of their having been disrated was the log, though it is exsust

mentioned in

to enter such occurences. ( to mention

by

it is found in the bog in inspection

the Court ) . Prisoner appeared to be of a sulky disposition. It has been the custom in all repe : in which I have been, for the officers, for any slight

offence, to inflict

any offender of

gendhing

native

J

A.

slak, or a push, on

crew, without disting

as to his being a mandaman or a

India . I never found fault with I never heard of

any officers for doing

my ill feeling between prisoner and Borstopkins the 25 mate of the Narlegung I was riding

on shore at hammo with dr

Hamsay, on the 20th October, when I was

informed by Captain Stewart of the _

Harlock

པ།

DEX

;

زمن

30.

" Warlock" that histophins had been __

stabbed by

one

of

the sexsunnies of

the

wards.

Markgrin,

n, and that Hanway required. on board simmeediality. Prepar= rex on board the Harliquis shortly after X/Pan say. When Irrived on boock, hor

wer

hm

being dressed. I : Manag

Apkins wounds were

Will me that they were

Langerous

might-

recover

Best

ކ މމ

but that

was stabbed in

too places. It was reported to me that

prisoner had stabbed Mrs. Mr. Partridg : __

I found prisoner -- reported it to me.

cords in the main hatch = confined with cords in

Jordered that he should be noned - lay.

ding and fed with rice and water livice a also that he should be led out twice

day for his natural occasions. A knife. was shewn to me as that with which- prisoner stabbed Worst. I saw blood on the Kirife . & Rounsay took charge of the kinft

The

224

Tthe flannel waistcoat now in Court- Brost's person. I believe

was taken from

the marks

marks of

to be those

of

blood

ع جوع

this waisterat

Borst's blood. I did not s

question prisoner. For Partridge told me that prisoner would not answer

ANY

questions which were put to him. I saw

the Haslizim

blood

the

ひでて

quarter deck of

I was told that this was book's blood. Au

one or two occasions, when presoner during £ is confinement was being

being led forwards,

I saw him Amile in a manner which lex

I

me to suppose

that he

was not at all.

sorry for what he had done. Inever ricard prisoner & press any contrition

for his act : I believe that promner was sober when I frist saw him in confort- bent on the 20* Cctober. It is not curs=

tomary for men shipping as prisoner

Prisoner shipped to sign articles. Pr. once entered

my

i

my shiep by his own with - M stopkins was severaly healthy. He was under-

the time when

Panday's care from he was stabbed until he died. I gave

that he should take nothing but what the doctor pressrebed. I am not

order

1

a

of

33.

viruth. It was reported that

a

225

Lerang

the Harlequin named Mahomed

Bo Abie apisted to secure picsoner

Othis ser

serang

sued on

dred

( reference maste

4 the bag book) 17 January 1843, in

hammo straits, after two days illness.

disd=

Is the Harlequin

aware that he took any thing in dito-

bedience to the intructions

of

the

avator. Mr Stopkins manner towards

the crew was not eine and

overbearing

the contrary

he

wad

kina

and good

towards

Them all

good timper. prisoner expressed any cumity Mrs. Most never complamed of prison her to me. I never heard that presoner

He was a man

of very. I never heard that

lex confessed the murder. Fr Ramsay

is now on

the Past Coast

of

China.

He is engern to the merchant rekels

an

the const. He is likely to be here in

was

Likely to be. -1- detained at hammo some time, I

forwarded the prisoner to the Masing Magistrate, per the schooner Ariel . _ fee letter attached to thise proceeding It being half past four oclock,

the examination is adjourned until

12 touronson.

13 2h wit. Pros:...

present.

6th February 1844

Thria

days procee wings - prisones

8. S. Oliver commander of the

brig Harlequin, questioned state -

3

1

2

TILL

DEX

i

I

34

" consider Manilamen more sevengeful

Ham Carcard,

best 22

& more sensitive.

Banilamen, when slapped or

struck.

shthy, have generally receives such

treatment-

i

ہوئیں

second blow on 20th October;

Leisurely tines sembbing

moved away

226 and Hu

en

Prisoner con-

to prating.

Jarr

Lis hand in motion at his work 4 or Mr Rokkin's reaching

the lapears to. This present.

&

trives, and on

to bist ustaine that has come

own observation wherem a

brander my

flow has been resented.. I have been accus= limed to mixed crews of lascors and Manda

new for

the last four years.

=

Prisoner declines questioning betrich. the evidence of withip is reak

be coupons it and with trans-

to à elas vnterpreted to prisoner. Agnia D. S. Oliver

The first witnes for the prosecution Jan Cartridge, is again called into const aut

on his former oath states. Deceased stood by prisoner a few- seconds, after he had struck him the

quistioned on-

Lecond

: distance, I should say of about five leet, prisonce sping up quickly prom- his triching position and stabbed the deceased from behind. I am quite. ustain that a minute capsed botwein the last blow starch by M. Hopkinis.

aws the first stab being simplisted

Sim by prisoner.

The foregoing evidence is read

over and explained to be personis, and

bctures with trains.

15 wit: Prosilicist: Pros:

Shark Mahomed, burra, or 17

Juna

Lindal of the brig Harlequin, sworn on

A Shoran

is questioned, and depones

the

Brough interpretation of Major-

Caine,

T

1

}

1

!

جرمو

227

Carine, as follows.

been

I am a native of Madras, I have on board the brig Starligum for

buna tindat. Isaw the

one year, as prisoner

Come on

board the Harlequin

in this harbour, about & mouths since Sta

came willingly I d'ont knoir what pay

he was to receive. I d'ont know that he was

discated. Manilamin are a

always shipped. as seacummies. I considered prisoner in the same light

as other Manilamien.

never heard that Mistophins had struck prisoner before the day of his being stabbed by prisoner . I as not remember the day of

Friday, in the monst

the month. Mwas

was an a

of P Pangan. We were

laying

at anchor in

nearly

Nammo straits, and re

the all to irew

The prisoner was

cleaning the gratings.

horstopkins struck him with his fist

as well as with his open hand. I was

the deck at the -

throwing

water on

trine, and was about 18 feet from

parties. Mrr Stophnis walked awe

the

away from

5

رباره

the prisoner, after striking him the last time; and I saw persons: suddenly spring up, when Mrs Hopkins back was from - hein, and when hostopkuis was about

feet distant, and close with bottoputing I thought, from prisoner's action, that he had struck Mrr stopkins with his fist-- I did not see his knife then. Brottoptions Called out seize the seacunnie", and ✓ there supposed be had been stabbed. There was a short struggle between

"

were on desk at work. It was about half pest six in the morning. I san Morstopkins strike the prisoner three different times

The

l). St and prisonce, and when I neared

the parties horst had hold of priso- her's arms, and the prisoner's back was

towards

އ

towas bo Hopkins His

Secons

med the

Whabic Irice read! reactied the

1

pasties belone Ixia, and he seized the- Brisoner, who was in a great passion, trying Izet away from hostopkins, and at the Vame time indeavorsing to stat trin: He brife had Blood on it. I did not icmart, at this period, that Mrrstopkins

:: as bleeding; but, after securing the press- air beton, I saw Mr Stopkins, whs was-1-

For

bleeding a great deal, and I saw the sostor rep his wounds. He had two bounds. I delivered the knife taken by

prisoner into the hands

aver

Supercargo.

me from

of Momith, great deal of blood on

Isarra

the deck where

BoHoptons had retires to before being :xken down below. The prisoner sprang it by. Stopkins, instantly, after Mr. Steptomis back was turned. Prisoner was

knecting

kneeling

3G

228

down at his work, and I saw

to Lain by

the last blow given

Mr Stop:

tims, who then turned

He Lake

ar

away.

gove For 6 feet when prisoner closet

#h him. It was none

very quickly. Suia not remark prisoner's hand- Idia moving.

the grating immediately before

be attacked bristophins. All the crew

were at work, and each person's attention has taken up. I can only rescribe what I san- Soo not understand the language that the scaunies speats. text not hup together. We so not cat together Johonid love caste if I were to do so-

The seacummies are not under my -

ies

: virections. Scannot speak to the dispo= :ition of the prisoner. I do not know whist; Lexix his duty, generally, properly. Im not know that Mrkopkins was ever

:: satisfied with prisoner before the

day

4

40.

40.

day he was stabbed. On that

day, when

this occursseme took place, Bom Putridge

arid.

the

was nearest to Mr Stoptani prisoner, and I saw him with

2.

at the time that

stave in his hand, we inthed forward to Britopkrin apistance, aux Mr Partinge appearch confused

sed. ("Ghubrogues" ! Morstopkins

used to hear the crew when they sid crot do their duty property, but I never knew him beat any person without cause. Said not like for stopkirs.

he heat me twice with a ropesent.

Many of

Me lasce

liked the neceased

dcreased. Sometimes

Mesophies

of

the

crew

Mack.

to te

very angry

with the crew. I have served on horra

of several ships. I have served 18 or 10 years at Lea. The mates of

all

the

repels I have been ini

punished

از

41.

229

punished their crews with their hands. When a grave offence is com

mitted, the Tindal neurally is ordered

to inflict a certaine muncher of

on

shots

the offender with a cope. Lascars re accustomed to the usage

rescribed

I have

cercher of Manilamen

Mariclamen I cannot

speak with confidence. I have only sailed twice with them,

Aris

=

Inever

saw-any of them stuck before the

instance now in

in question. The knife which stock from the prisoner was

his own

knife. He wore it at his waist. It was sharp, but all Kinves should be sharp, as the crew have

to cut ropes and hard substances with them. I attended the decessid

after he was wounded. I used to lift him up to change his position, Scanica min in

my

And

anns to the

quarter

NDE

E

i

42.

13.

#uarter gallery

The

never

spoke & mi

about the prisoners' conduct to hime

He wise the Friday after that on which

Le

was stabled. He was

was buried

at

Hanno. Borsopkins servant, Francis,

12

Christian, used to give him his food

cover did.

The evidence is explained to

the prisoner by Mrr Baritto, and to :itres by Major Came . The prisoner -

has

questions to ask witness, who

witharany bitres cannot write but

confirms his evidence and

Lire makes his mark.

Francis Antonio, a native fth wet : Pros

of Manila, duly swoon, states .

The prisoner ande

myself.

-

took hire on board of the Harlequin

C2.2

1 to 20th August last, at Songkong.

Be

quile dad ai

took Actune wit

230

ummit at 10%.

nestvercingly. To pusoner may

not disratza, but Thomas and Percors

dibrated. He prisonce

work

کے

Z

woll, but could not speak

Bglish. In a

کے

Ariday in Belstor last,

when the Molegum wood at anchor in

Ramme strachs, I was

Docives in

de people

Jual mewatit, stout

Lin all

morning when

new clean.

cleaning

he

Mecke

I scones was employed in cleaning the

Mr Replains came upon deck,

gratsiyo

and strick and ticked the prison

He struck him three times, and att the last blow, he kicker him. This-

apanit lasted three minutes, the prisoner corned his hind a com

avoid the blows. Mr. Ropkins was in had humous, and hat been very angr with his

a

serant Francis about washing

محمد

Some

PASTORAZI

some dogs

44.

the firsoner did not ender -

eve

Stand English. He was evilling to work,

being

but the seacunnies did not like

employed in holystoming the decks . _ . thomas, Pears, and prisoner were thus ess ployed. Then explained to Morttopkins that the three men above named objec= ted to the work, but he insisted that_

Wey should do whatever they evere orsiered We the seacuummies all understood, when hired that

any of us inequal to the work seacummies were to be disrated and

ceive

9t instead ; and to as the

of 10% per month,

154

Jame A

duty

as laxcars.

When Mostopkins came upon risk on

the

morning in question, prisoner was

gone to the quarter- foot sent me for him. I brought

Got at work: he had gone

Gallery krisoner to where bot

was, who apponited

time to work at the gratings,

and

then

then walked

.45-

231

away. Shortly after Mr. returned to where prisoner was scmb.

the grating

big laxy

and

and told him be

aparted homi

as thave

desciched . As Mr It turned from prisoner

.

immediately after Mrst had struct hom, prisoner sprang from his knees and stabbed the deceased motantly.

hot a

of a minute could have clapsed

between the kick and the first state The prisoner was at the time behing bost, who grappled with him pinioning him by the arms kept him in front of

his own person with-

and

prisoner's back to him. Berner's Korifer was in his hand. I was frightond.

so much, that I called to pismer Halvador d'out strike the mate, have patience". Prisoner was in great anger. It proceeded from the kick which for Hopkins

H

NDEX

40.

wasted tins cave and which knocked

and down on

the

pissance

on his face reck. I was on the forecastle, and a hous 20 feet from where the abauit took

plare. Every person was

frig

were Fazing like

47.

232

stinggle; prisons did not speak. For e

and Hopkins aix by telling prisoner to give

up the knife. The prisoner

stopkins was -bleeding very munch.

prisoner was secunez.

d Cumming on the deck.

htened the

I saw his blood in

prisoner's

eyes were

Zyes of

He was taken below, a

and died on

fine

The

habit of beating.

was

is greatly excited. The first

i sund must have been the mostat

Mv2.

The

second was

given while!

strygging with acceased. I saw both stats given by the prisoner. Soar for Hopkins bleeding, but did not see blook

the knife. A Partringe

A

kthe

Scene and ran down

was nearest

I alled out to the Serang

A ra

for

Mrr Smith

and Tendals,

ን .

they seized prisonce after for

Iwith Lad done so

previously. Komas

mud Pedro were at work on

Me deck

and were 4 or 5 feet further off than

the

following Friday. Wittrations was in the

crew be beat and

bickes me bost at Stong tong

Mr.

the passage to kasno. In the latter ccasion, I went to him for medicine,

I was

as unwell, and

کے

I have stated. Cant liver lemonstrato with hostoptins, one day at dimer, and

tid bin not to strike me as

ld man.

was

Mostopkins wack to Leat

uses

Cavcars and Manilamin alike, but

when Captonn Oliver was away

:. The knife used by the

other people.

our

the ank

During the

Generally from the prisoner

перей

Anad

chinggle

the

Le one he always

Zware

When

T

1

--

:

.40.

When I explain. & his work to hini, 1. time,

prisoner used to do it willingly, but

not so when the neceased spoke to him

He

was there univilling

다. 런

sniky.

Prisoner never expressed regret for having

was statten

Killed Mostopkins. I frequently saw - prisonce after For Hopkins

but never/until nows after he dick.

20

ask.

Prisoner has no questions to not. Witness confirms his exdence and withdrams. Eviden

si cannot write but

makes his mark.

thomas Aquino

.49.

Mrr Hopkins, excepting

the

233

xay of No

начу

apanet of prisoner. I never saw

Br

Hopkins stake citter larcars or Manila

men. The ship was at anchor in hammo straits, when,

one

morning,

I d'ont know what date, all the crew-

wire on deck and at work

about half post Toclock. I saw Mr- Hopkins strike the prisoner twice with his clenched fist. I did not see the prirnir Kisked. I was some distame, holystowing the desk, and could not

I heard

a

noise, and

looking up saw In Stopkins holding

vee well.

a native of the evit : Pros:

Manila sworn states.

Thrica

on board

of the brig

Harlegium at Stongtong with prisoner.

heither I nor prisoner were

over were disratin

Irrever

was struck by Mr. Stopkins -

Mr.

Ixix not see prisoner struck by br

prisoner by the

Kuipe

Was

"anns; and priorners" then drawn in his hand.

The prisoner was in a

a great rage the

aid not speak the serong and buria

Fridal went to the

rescue and;

کے

with

Bosnitt, secured prisoner. The serang

Stoptans

and

IDEX

برسم.

Much Firdal

the neare

مت

to the

scene of apanit. I did not see any

|flood

laken

ت

recollect the

day of

the week, or

234

the day

uth, but it was in the morning.

2 2 2 0 2 2

othe

My

master was

very angry

evitt

Zink.

whil

was

very blondy. Seas

arrot

mese me clean

until I stopknis shit was

Mr

tole the prisonce in a tone sittie

Isan the body of ricer

:ight xays after he was stallid.

ه

Evidence is explained to pri=

Cover. He has no questions to ask.

Wilkes confirms his extement and

Wap attinams.comst write, but makes

his mark.

7th wit: 17.88:

that morning,

алдо

on disk. He was stabbed whilst

has below, and when I came on dist.

it was blecking from two wounds. se arx about & day after. My

martis

used to slap the caveurs and branilamen Now they did any thing woring

He did :t hurt them hincts. I saw him quis

the prisoner too slaps once for not

::posting when the captaie wes

board. I did not see any

1-2-2-2-2

:: traordning shang

کے کے

the

Commitename

occase tr

sion

My

master.

John

John Francis; A Portuguese

So tive of Bombay, sworn, states.

I was servant to Mr Hopkins,

n board the Warlegume, In hamme

7-2-2-2

traits, while we were at anchor, my ::caster was stabbed. I dont know by : home. Theard by the presonte. I dont

rei

S prisoner

star

ALL

dover received meat or drunk of any kind,

after he was stabbed, but by

St Pamsay

order

der of

Prisoner has the evidence explamen,

has

872.

63.

235

ZES

has no questions . Bitniß confieins his

statement, cannot write, but makes -

his mark..

If being half past four

ocirck, the excommation is post_

کہے

poned until 10 am on tomorrow.

74 February 1844,

days proceedings.

prisoner present.

Fourth.

Examination resse

2

Sunan Merast Pliner, master 5 % wit: Pr: wit pu are....

bemi called viite

of the brig Harlequin, being

Coust and questioned on his formir cast states.

I have no recollection of ever demonstrating with Mr. Stoptains about besting the scrennies, nor had tat any time complaint from the seacummies

having ill used them : I beg to produce the Regrition Certificate of the bug Harlequin. / It is examiniek

the acceased

sed having

20

and shems that Alexander Chune is the

sole owner and that Junzan

that duncan Olmir is

the master. the date 15 bctober, and

signed by Mojohnston, as deputy - Serpeintendent. ) Capte Oliver here

Explains that the Harlegum was

bought by Meson Jackie Matheson of:

the other

10

to Cetober 1841, at

where the bill of sale now is .

Inacar

Van Partridge, mate of the Harlequin, called into Court and

questioned on his former oast, -

reposes.

Pusoner did go

Gallery early

on the

the

s the Quarter

morning of the

opth of bot bctober, and

best betober, and he remanied

an hour. Morstoptions was

there half

or neck at the time and went down again. It was on his return from belorr that he struck prisonér. Sam sure

that

IDEX

and

1

کا کی

ars

that he and not strike with his clenclich

eter.

arra

cestnily

him

222 2211

eesti mily did not see

kick time. A Motophins did kick Sciones, it must have been

vepore

he

spoke to me, but positivcey

2% piter he struck him tione just - previous to prisoners stabbing him.- semecuber in Hopkins telling me, come days prior to his having been - Stabbed by prisoner, that he had jount

Antoms annak below and that he

hat given him a stap and sent tim p.. Isan Antonio then come upon leck, but hostephins did not.

trike him in my presence. Before

way age, I heard Captain Oliver

the last

live

Sucction the late Chief mate

Harlequin (MrAnderson).

Kin

تشار

if and Im Hop -

amist striking the crew. I _

agamist

heard him speak to them

ance

tivice

twice, but I never heard Captai

236

Oliver remonstrate with M. Hopkins

during the last

:way age of the Harlegum about striking Antonie. I always,-

when

672

boark, divies at the Puddy

table. With regard to the time that clapsed between Mr Stopteris cast-

Flow- and the frist stab inflicted.. him by prisoner, I think it was a full minute after the blow; - sir It stood looking at the prisonce,

and

thew moved. Le

чега

leisurely avey

1.

saw the prisoner's hand move for

Itimes

and on

مد

Le was

was

scrubbing the

grating Her Hopkins having gone away

bout five feet, the prisoner sprang

on

at him as already described. The

laps, from MrHopkins were priorners face but his face

wire given a

link

C

toas not driven down to the neck,

Jious

...

ات

کے سکے

TES

was turned a

though his face

face was

ри ане

side

by

the lass slap.

liitte

the evidence is explames to

prisoner and witness withdrams.

The prisoner is cautioned

to be careful in his defence

whatever he may say will be recorded

He Mates.

Com the day

on which

Sewas beaten by MrStopkins, I had

cleanca three gratings, and was -

working

the

fourth grating,

when

I went to the quarter

Mr. Hop.

came upon deck,

2-2-201

serit

Antonio for

my work

quarter gallery.

me. I went

and restric

work, and Mor Hopkins came up

me and struck me twice.. I was

hiding my face to protect it, when For Hopkins, not being able to reach my face, kicked me on the mouth-

and hurt.

my

tooth I bled at the

month

Defence.

Fy.

237

mouth. The marks of the blood from

smy mouth

are now onz

my

thrit

Jshews

the

one small dark stain on

breast of his shirt, which being very

say

whether it

dirty, it is difficult to is blood or not) Prisoner also shewy his month, where tive of his teest. are loose, as he states, from For Hoscking kick ) . I was so emaged, that Isprang up and used my knife, and wounded BorHopkins . I was blind from anger._ Fevuld not see any thing. Scould

ace the tindal and krang.

only

was

quite out of my senses. Iniver liked Moshopkins. I am not sorry

for my having stabbed him.. My dislike to hor Hopkins proceedede from Lois beating

I have

220

more to.

I do not wish to call upon

Say

any witrepes.

Captain Oliver

IDEX.

T

!

[

}

238

Captam Sliver veny priestrand

as to whister any jurshir

A ar

je btained in the

224

in the foregoing

that he has piinithed Bratopstarter, that he ha

use know most about

this importunate affair

wh

have been steady examined, and

than does

he sois not know of any persoy

who are able to give testimony. rating

so much on

Me

Five

care.

The examination here closes,

ints the pleasme

9

His Reillency

it Rovernor be make known.

buy

Ar

signes

B. Came

Chief Magistrate of

hung hang

The preceding has been compared

one

swith the original acpositions found to be correct.

Croshllier.

Officiating Recording Officer to Crin : & Adm :

Court of Storyte

1 Copy)

hoss

20.33.

Lie

Government House Victoria,

فق

Hongkong, 200 Sebruary 1866

I am arrested by this Excellency Sir Henry Pottinger to forward to the accompanying documents regar-

ding

an

you

alledged murder committed. on board the big Haslegum when up the Coast, but which repel has since

returned to, and is now

lying in this Harbour. Jam further to requist.-

that in conjunction with the Marme Inagistrate, you

will investigate

the case; taking the repositions of

all persons

who

are

likely to throw

any light whow the circumstances

my

under which the envie was com

mitted, and that you will then

Be Honorable

Major Came

report

=

report the result of your enquiries for His Excellency's information.

I have the honor to be,

Air.

You

most obedient,

Humble Lervant,

sigrick Prichard Morenam

copy.

Brig Harlequin,

hammo Straits,

#

Marie Magistrate,

30 betober 1843.

Sir,

Stong king.

Per Schooner "Ariel" Izend

down the prisoner Salvador de la.

Crase, to be delivered over

بشم من

charged

with stat

to you

you.

Ite

stabbing with a knife

the 20th motant, William Hopkins,

second officer of the Starlegion, from

the

་་་་་་-

}

ཏཾ ཡཾ.........¥ ";"y

the

effects of which he died

The prisoner shipped

239 the

on

275

as seacimmie

hoard the Harlegrim

In

Angust.

last

2-2-2-2

lir.

on the 23h

Your obedient Servant,

signis Juncan Oliver-

Copy.

Extracts from F Hamsay's private

-ན་

letter,

Goth 22th 1843. The very before yesterday, For Hopkins was

in

infortunately stabbed

а

on tive places in the back by Manila seacımnie. One of

is Imall and

the

insignificant.

རི་ཡ།

wounds

the other

No one here except myself is aware.

its danger. It is large, and, when I_ came to dress it. I found.

a.

large

portion of what turned out to be far

protruding

!

21

240

protruding from it. Ite lost several

formes of

blood, which of

Las

Carrrai

very

to day

left him remarkably weak and pallid; but on the whole he is

as well as I can exhect

set 27th gem. Stopkins has been

27.9

weaker all day. shore it is

gradually becoming When I came off from Evening I found him so low as to

Induce me to tell Captain. Oliver,

that I could acquaint him of his Zanger tomorrow, if

کرتے

he

was not better

be about half an hour afterwards, he

sent for me, when I found his hulse so perceptibly weaker, that Hold him

and at the same time as as gently,

firmly, as I was able, that I feared

recovery

was

beyond

I skill. In half

red

An

hour

all earthly

more he

I

Cects 28th. This morning, after breakfast,

had a...

very satisfactory examination of the body. The knife rassed in

between the ninth and tenth ribs,

and then took

a downward direction in in course wounding the large.

intestine. Great and extensive biflammation was the natural resertt. so that Mr. Hopkins died of inflammation of the bowels and other parts, in-1- Consequence of the state he received.

Extracts from Fransay's private letter, addressed to Captam Baylis of the ship volkestone, now lying in this signix William Peader

harbor.

Victona, Hong kong,

Washer Master Nov 5 4th 184 3. & Marine Magistrate

tone copies -

Croshillier

Getz 20

Off # Kec. off of Crime : & Adm: Court.

1

A

LAS

404 không hồng

RECEIVED

SEP. 6

1844

Foreign Office

September 5. 1844.

ECOPD

OF

241

Sir

am directed

directed by the Eart

Aberdeen to transmit to you for the

д

a

Information of Lord Stanley, a lity of w Despatch which His Lordship has addrefsed to tot Bairs, inclosing a copy of

I your letter of the 26th of August

a respecting

the

necessity of his establishing

come secondary punishment for

Offences committed at

G. W. Hope bro.

бе

ас

c.

Hongkong.

I am,

Sor,

your

most obedient,

humble servant

Hlebddington.

NDEX.

綠豆

པ། ་་

2/3

M. Hope

17

of a ware

what Inchideous sepon the subject it w. be possible to address to Mr. Davis What he sh? consider and report.

of coradasz panish.

the

لا

Akat 24

Ene

1404 Hongkong

1

سلام

Davis

نچی

242

5 Septpens.

144

Forwarded by

18161

We Mundy 9

*

tephen

JB Hope

Lord Stanley 10

2423

Jahr

/s44-

Land Aberdeen has Commumicted to me

the Copy ga biopetet

Серозда which his Ludhih

Addrefed toyinion the

4th bitent relatives do

the nousity garme Secondary

Punishment

being established for Offences committed at Stray Kong, in eference to the Case of Salvador Lecrase Convicted of

the Murder oa Bilich Subject on board the Bich Sterlegen.

Thave ahurghad accesion, with aference

не

NDEX

243

CAS

е

to certam provision gen Arience forthe. Registration ofleeds reped Hyster M. Rottinger, &

ponitout bym

there

are

>

thet

техно

J... ing employment

جو

for Convicts from Arch Kung in the bustatius

Colonies, & consequenth

that SMJr.

could

not sanchin thei

Competition thither

پچی

t

Support

that you

>

Should Consider and

Report to me that in porosinin could be the least objectionable

Junishment th

bilabbited at Any Kong.

Land

Copy

4.66.

TS

Sir,

C.O. SEP

Wirth reference to

=

Foreign Office.

September 4.1844.

my Despatch 2064 of

the 7th August, respecting the case of Salvador Lacrase, I have to acquaint you that I considered it necessary, before instructing you as to the final disposal of that person to ascertain Lord Stanley,

crews as to the

propriety of transporting him to one of

the Australian Colonies.

the answer

I inclose for your information and guidance, a Copy of

ди which I have received from

with

the

Colonial office. You wink perceive by

this that there are insurmountable

7. Dairs Got.

تے

IDEX

objections

,

244

objections to transporting Colonial offenders

to baw Diemen's Land, the

only

one

of

і

The Australian Colonies to which Convicts

are now sent, and that

some other

other second

that consequently

secondary punishment

must be devised for persons who, like

Salvador Lacrase, have rendered themselves amenable to the highest degree of

punishment, but who

may

he

deemed fit objects for merciful consideration, so far at least as their lives are concerned.

you will doubtless

doubtless receive from Sord Stanley instructions on the general question of secondary punishment, and therefore Tonly think it execessary

to

sagwith regard to Salvador Lavrase

that

that when the nature

the secon

of the

secondary

Hongheny

punishment to be established in

for offences of a grave nature is decided upon, the sente

f

death

passed upon him should be

commuted

for such an amount secondary punishment as you

that seconda

may

consider commensurate with

the crime of which he has been

convicted.

the letter

The latter part of from the Colonial office refers to

4. Mr. Bingass and recorded the opinion entertained [ in the papers Salvado connected with the case

9

Lacrase, as to the necessity of cuspending exccution in capital cases until

the pleasure of the Crown is

ascertained

t

ascertained; and yow

wils see that

b. Burgass' opinion is considered erroucous in that respect

Гани ха

(Signed) Aberdeen

245

|

1

SALCEIVED

SEP 03 1844

595.

Ngôi bay hàng.

246

بلد

24.75

2

Li &

Si,

Foreign Office, September 20.

I am directed by the Earl of

Aberdeen to transmit to

you

1844.

bevewith

for the information of Lord Stauby, and

with reference

my

letter of

the fr

of hovember last, the Buplicate of as

despatch from die Kenny Pottinger

explaining

the reasons

why he has

thought it mexpedient to make to the Puliques Authorities at Macas the communication suggested

-letter; and the Buplicate of

in that

a

despatct from les bavit expassing

J. H. Hope Ger

INDEX

his

28

1

1

SAX

his

ститу

Henry Pottinger of

in the view taken by his

this matter

lam, si,

AlleAddington.

humble servant

You most obedient.

247

that

خسرو

the 12th hod. 1.848

mitus manner on

will decline to interfere hord Aberdeen

he managed entered by

074

2:1131 Sup

this subject, leaving Diflomdiggs waller

h24

A

RECEIVED

SEP.23 1844

Me

Duf. Neys

My Lord,

248

Government House Victoria Nong Ning - 30th April 1844.

I have received pom Ford Stanley - in His Lordship's despatch 1918 of the 12th of New?

last_

act _ a copy of a letter which had been addressed by Your Lordship's directions to the Under Secretary of State for the Colonies, under date the 6th of that mouth, on the subject of the right of the Portuguese.

Authorities at Ma cav to claim our

Assistance, or interposition, in the event of their being threatened or allacked, by the Government of China

That letter has been as a mallis of course, onado Known to Major General, Bitzuitar as well-

made

as placed amongst the Archives of the Severnment of Hongt long, but with reference to

The Night Amorelle,

The Wil & Aberdeen N.J.

The red f.

to

te

the

INDEX

the concluding passage of it, obrusl Your Lordship will parken me for respectfully reporting, that I have, resolved - after full consideration - not to make communication to the Portuguese Authwilies until Sans honored with Your Lordships further Commands

any

Your Lordship will, I doubt not, perceive that. Scould only make such a Communication to the Portuguese Authorities allended with, an admission, however

however Carefully worded, that they were deemed to be entitled by Treaty to such - assistance or interposition, although neither could, be afforded without special Orders from England; and looking to the general, tone and style of the local Government of Macao, and to the class of

of persons who compose the majority of the Members of the Senate, Sam decidedly of opinion that a very dangerous use p. :bally would, be made of such an admission,

might, and most -

divulging it _ perhaps in intentionally bague or exaggerated terms _ to the Rinesa

Authorities

249

Authorities, thereby exciting their natural, alarmnd

and suspicion to the great injury of British Interests in this mighly Empire, in whii! . the confidence of all ranks (from the Emperor downwards)

Good faith

and rigid, observance of

in Fur Llo

Fur

engagements is daily gaining ground, and in which, as I have had frequent occasion to remark,

The

commonest rules of international Law are

ullerly unknown.

In addition to this primary reason,

for

with holding any communication to the Macas Authorities, I likewise very humbly lake leave to day_ which I do with great deference to the legal Authorities whose opinion by Lood Manley - that I am faced by makere reflection to question the right of Portugal to call,

for

opinion was sent to m.s.

our assistance or interposition between his And China, under any Circumstances _ She does not hold, or pretend to hold, the semblance of Sovereignty over subjects of the Chinese Empire.

residing

NDEX

By

residing

even in the City of Macas, and although circumstances have led to her exercising an ---- defined authority with respect to the subjects and. Citizens of foreign States similarly situated; yet even as regards Portuguese form Subjects, the "Isotoner and Senale of allaces are not, I understand, rested with the power of life and death, and have to send all such Criminals as are-

likely to demand condign punishment for trial to

You.

offter

Supposing however, that the opinion of Her Majesty's. Adorcale General be perfectly correct (and Irepeat that I dissent from it with extrême deference), I presume, that the observance of the Treaties between England and Portugal was intended to be rigidly reciprocal, and consequently were

by

they infringed

one party to them, that infringement would, I conceive, virtually absolve the other party from it's engagements. Houqnot only have

the

250

the. Portuguese Authorities at Macao frequently of late years set at nought that provision of the

realy respecting Her Majestizo Subjects being considered and treated as those of the most favored. Nilion, but they have

in every occasion taken part with the Chinese Government against us; have driven Her Majestézs Subjects at a fur hours notice from their houses and property under an Official declaration that they dared not disobey the Edicts of the High Chinese Officers to that effect; have distinctly and unconditionally teclined our profferred assistance to defend Macao against the Rinese Props which were ordered to proceed there "to expel the English" ; have always refused _ even in times of peace and Emead, and do so at this instant _ on the same plea of it's bring Contrary to the Commands and wishes of the Kinese Gwernment - to allow 13ûtish Ships

oftar,

or even Merchant Nessels, to enter the

Harber

j

DEX

ļ

CAW

Haiber of Macao, and _ in one word _ ke... invariably seted towards us with less friendship and forbearance than they have showed to any eiber Nation whatever. They have simply - in fact __ tolerated our residence at Mreas, and that, it may be said, selity because it led to à traffic which farmed the great source of revenue and . it's attendant prosperity to that Settlement.

How far the facts I now state - and which be abundantly proved by reference to the despatches of my Predecessor daring the gears 1838, 1837 and 1840 - tren known to Her Muzi Advocate General, or how far they will tend to alter or modify the opinion he has given it is impossible for me to say, but I have felt it to be my duly ! submit them fr. the further

fo Consideration of Her Majesty's Gextenment, and whatever final decision may be passed on him, 'big way respectfully to repeat my

When,

very

preasons I have.

humble recommendation for the reasons

assigned

251

assigned that the question of the right of Portugal, to our aid or interference in any dispute she may have at any future period with China, shout not azitated, or made, in any degree, a subject of discussion.

!

I have the honor tobe,

My Lord,

-Your most Obedient, Humble Servant,

C

L

!

ז

hij

RECEIVED

SEP.23 1844

Dup. N. 8.

My Sad,

252

Government House Victorian Anglong - 28 May 14.

After a conful pousal of Its My

Pottinger's despatch No 7/5 of 1841 to Fore: Endships address, Fam desirous to express muy intere.

Concurrence in his views and spiniens Concerning Mãear, and the imp. ing of :egarding that place as any other than & porzion the Hinese Dominions, where the Portique

1

are permitted to reside on more sufferance.

As the. Chinese Sovereignty there is acknowled: ". - as they drove the English withershjule scory frons that place in 1830, with or witho. I the of the Portuguese their Passals_it would be pregnant wilt, the qualist -

Encurrente.

inconvenience to admit the pretensions of

That right Amorally,

The Ful of Aberdeen Rd.

of.

the

Sir

Received

1th May 18414 Pottinger

Amny

Bup. 75°

claim our assistance in t'he event of

Portuguese Authwickies at lacnolo

On the subject of the right of the

a

hina.

rupture

with the Gwernment of

ه

Sep.11

lo

use also, and so have to do with lo

1.

Kaim

Masters at the same place - The Portuguese

allegiance from Carilion residents might be insured at once, by their acowed inability to afford protection

my

I donet porn completely demonstrate concurrences in all. Sir Henry Collinger's remarks and statements regarding Ascan, than by begging to refer 21 Fordship to the encloved, Stradle from a letter from muself to Ford Hanley, 21 December 18443, written tho England before I had tory intimation so to proceding to

Any

i

Macao

Kina. The observations regarding merely embody Dir Horny's Statements in other bany words : Under these circumstances d.cannot.

any other course was to be

that any

imagine adef?? the to Leclavs Macan to be within

the demissions of the Grapers of China, already die in Ordinance. No 1 of 1844 for Her Majesty': Subjects within the se

Dominious.

as

Dominions

زیردی

253

I am happy to be able to state, that, alt pretensions in the part of the Kineen

ument to any jurisdiction of any kindsat -

Exxe Amy Hary

are abandoned and sil il rest. Thach beer induced to entertains doubts us this fieint before

quilting England, but the distinct previsions of the Jacaly of tantring, and the Supplementang " realy, deprive Rina of the power of pulling forth the Farin

1 by the 3rd %. Fole of the Treaty of Nanking, Hongtong is reded to Her Mazisty for ever, to be governed by such same and Nregulalimz as Her Majesty phatt. 200 fit lo "Aircel . 1 8g the 15th Article of the Supplementary Treaty, all Debts from Chinese at Brugting are to be recovered by the English - Easts of Justice":

Since my arriv-E here, I have

Canned from Sir Henry Pottinge thats the

ich we

Carnest

Government has dropped all-ident

of Eaiming any jurisdiction in this island,

and we aw

Iven

thus releived from the necessity of discussing the question.

As the purport of this Despatch.

belongs in seme-messunt to the Colonial Department, Four Fordship, may perhaps be pleased to communicati a topy

Hanly.

I have the honor to be,

My Ford,

Your Most Bedunt, Humble Sirvant,

71Bans

lon Fand

LECEIVED

SFP 23

1844

Extract from Letter to Ford Stanley,

21th December, 1843.

254

The Portuguese prendo colony of Macao, ( I know from long acquaintance with it)

is rather a beacon to chun, than an ex

exemple to follow. In fact it is not a Portuguese Colony,

as the Chinese are acknowledged loversiges, and these people bear an overwhelming proportion to the Portuguese inhabitants. The latter pay

an amual rent as the condition of their tenancy at will. A Chinese Mandarin of the lowest Magisterial rant" ("Go-tary) issues

α

at once his licenses to the 1.338, and his orders to the "thead of the soldiers, as he calls the Sa: disant Governor on the part of the Portuguese.

A Chi.sic Collector of Custo s vrecive the

Auties for the Emperor.

d

eizes Portuguese

Apium / when the 30. find any ) in the streets

M

oj

in

"of the town. The Portuguese had in vain

Idea oured, when I left them, to meet the chargs of their miserable extablishment by duties on the is still more miserable trade of four or five Portiquere ships

one

the

and occ MAL

... trade

tipu....

ha

occasionally a Spanish

*

##

Note. No English bes

ing by a chart lighted is permitted to

Eufidity (a Charge of 40 dollars,

driven aw

away

per thest ) been

for

in 1822 to flourish at Lintin in

floating warehouses, independent alike of.

nce

cognizance

Country

and taxation.

The revolutions in the mother...

And

, and the deficiency of both funds credit led the Government of Portugal to make a

ravenous attack on the celesiastical endowments,

as well as the private property of its subjects, both

at home and abroad; and the richest Merchant

а

of Macao / alw.ost the only one that deserved the ufuze in London, where he now

name ) took refuze

lives - The remaining prosperity of the place dependent on the English residents, who

has de

enter the hack

255

" rented the best houses, and spent their money

there; when the expulsion of the British Trade Cantor in 1839, and the necessity for

from warehousing

our Merchant's foods, fave

а

short lived prosperity to Maras, whiet, like the Grafted tree, was surprized by the "noves fructus et non sua "poma "

But at the

very moment when it ar

greatly benefited by the connection, and when opportunity of asserting their

the rare o

ir defendence of the Chinese would have been promptly met by British cooperation,

the Portuguese silently acquiesed in the hostile preparation of Commissioner Lin against the persons of the English; and, when Captain

Qwith minde his well-timed attack on

the

Chinese force at the Barrier wall, a portion

of the

enemy's troops marched from the town of Macas, at the same time that a principal part of the canonade by which our troops

ivere

I

i

stre assailed proceeded from the (20. called) Portuguese side - The claims then of Macas

-

to independence or aseutrality, and our hopes from it, either

Way

as an

be considered as die

Ally

example,

or an eya

disposed of.

Cane Extinc Adam Mmshi:

ift & Secutary.

256

1 1 111

257

t

Inclosure in despatch

いい

1844.

RECEIVED

OCT 5

1844

1740. Hongking.

258

н

Foreign Office,

Actober 5. 1844.

9787 J

t

Eqquest

2

directed by the Earl of Abeuter-

you

will acquaint Low Stanley

that this out this considered it adirsable

J

the Law Officers

to the propriety of conforming

hie

of the frown

as

the

Valent Achiname beg. paped her sie

helten

your

J

Hanley dated 24th Beem ber 1843.

Ilvact from a letter to Ford

the

that

DEX

the

Mf. 30.

شه

J. Stephen Ze

м

The Poly, inclosed in

the 24. of September.

LordStanley will perceive by the

the report. of

accompanying Copy of

that they are of opinion

Law Officers that they

A

the Adinance in question should be

sanctioned of the Majesty's Eevernment; and

ал

to

request that in laying

Belwed

1501 1740 1070

259

thing 20 horsen

F.l. Addington dry

Forwanded by Nov

I

laying this

Lord Stanly

will acquaint

уп

MB Hope

paper before Loistenbyg

His Lowship that Lord Aberdeen concuss

in the opinion there stated.

Jann, Sie,

Your

moshobedient,

humble servant,

Allebsching time.

Lir

11844

заси

R

3. Mundon M MBStephen 12

Loud Stanley 13

With reference to

leten of the 5 hills The Spicion.

Encloring

the Land Officers of

frown

or

the Ordinance

Nol of 1844 passedly the

L.

Governon anda. Commal Javedirected Jochong,

li

Gdard Stanley Bryan you, for the information of the

the Earl of Aberdeen, That Lord Stanley having consulted the Lords of the Committee of P Ch Wo the provisions

hade

си

that Ordinance their

of that

Lordships have points out some particulars ing which they consider

f

1

EX

1

I

that it should be amended.

Lord Stanley has accordingl

addressed

DM. Davis

an instuction in

comfort with their

Lordships suggestions, alony of which Iunctone w you herewith, for Lord Aberdeen's information.

Mavise

Go 50. 20 Prv: 1000's

Copy

RECE!

C.G. 067 5 1844

My Lord,

in 1740 Ken, 7

Doctors Commons:

Seftr. 30. 1844.

5

263

we are honoured with your Lordships commands signified

d in Mr.

Me

Addington's leller of the 28th mest, stating that with reference to our Report of the 18th Illt = respecting certain ordinances and specifically that marked

2.6 paked by Sir Henry Pottinger, he was bos

directed to transmit to us therearth a

letter from the Colonial Office incloving a

ho a Colonial Ordinance W. q. equally

Copy of

pased by Sir Henry Pottinger ; that this Ordinance W. 9 differs,

by

as we shall perceive

the enclosed Paper macked so it from

the previous Ordinance br. 4 already offroved

by as, principally

in its being applied to

"All Persons within the Colony of Honghong "

The Parl of Aberdeen 17

maleat

Le

صح

I

T

initiad of generally to "Her Majesty's Sabjects

hr. Addington is pleased to request

that we would consider this ordinance

209 & seport to your lordship

our

opinion

whether it would be proper that this for?

should sanction the same.

In obedience to your Lordships Commands We have considered the Ordinance in Question & have the honour

to report that we are of opinion, that it would be proper that the same should

be sanctioned

by

HM's God..

We have &

(Signed) Hodson

Wto Sollett

Fred Thesiger.

261

sh

To thin

Respond from the Br of Frade

6~070

чо

this subject?

sufferre that the Brich Frade or be

to expedite their Referat ?

X

LOS

:

W. 24

B. Plephen Ege

Oct-16

By

1794 Hongkong

RECLA

OCT:

Sir.

14

Foreign Office,

I am directed by

262

Actatier 19.1844

ļ

The Parl

herewith,

of

Aberdeen to transmit to you

for the information of Lord Starley.

betuart

directing

the instruction to Mr. Bairs

him to cerke

aw

any Commissions

which might have been issued by his

predecessor to any

persons other than

Majesty's Consular Servants, empowering

them to act at Magistrates.

trates in the

Chinese Cominions, referred to in l

bavis's despatete to Lowostante of

6. of July of

which alopy

и

the

inclosed

INDEX.

fas

in

уги

lette of gesterday.

I am, Sir,

humble servant.

Lansing

In 1794 Hang Kong, 263

intrert of a despalet from

The Earb

of

Aberdeen to W. Davis, Zu 24, March 5. B4.

In order to prevent

any

doubt working

as to the right of Consuls to exenise pinsdiction

British dulgents

in China, Her Majesty will,

the

in

immediately after the ratifiations of Supplementary treaty, isso an Aden Cormeil under the Foreign priadiction bet

Ach

of the last sesion, by which that night wilt he conferred upon the fontals, hat considering

the unusual nature

of

the judicia

functions to be exercised by the British Author ket in China, the Majesty's feverement would not theike it adirsable to delegate authority of that description toperems not strictly and immediality under the control of the frown. Acordingly the only persons

who

NDEX.

who

be allowed to act magisterially

ш

the Chinese dominions,

are

the Consult,

persons in their absence

them under

The theef Superintendent; and if you

_ther persons have been commissioned

Kiefersals.

er

officiating por

"Warrant from under Warrant

should find,

find, on your

arrival in China, that

any

by you predecessor

Magistrates in the

will immediately

will

учи

it may

4

confer

predecessor as Magistrates

Cherriese dominions, you

reate their Commissions: and

further bear in mind that although

be found convenient at

are

both on the smouls and Vinsentals megaterial

powers,

those

1

the latter claps

але

only

the exnised in thist subordination to ther

dipersion afficer as long

са

he is present

within his distinct.

264

SUP

1

265

&

Land Shank

Je 2.1655

affiecare

king.

The

to this heller explains

to justify the your hotine allucked to 4. 1685. If

such sh. be your Lordcliff's ofinion presume tint que

Chanter

it to hd. Davis

will

メー

ان

RICE!

C.0.

མངསཔ.

266

Faeign office, alla spome

19.1844.

hos g. 31.41.

из

Siv,

With

Office of

Л

reference

ace

to the letters from this

the br of April 18263. and 26t

of

inclosing opics of inchuctions

Mank 1874. inclosing

/

to Mr Davis respecting purisdiction

Chinese in

The last of.

Hongkong,

over

I am directed by

Aberdeen to transmit

of Aberdeen

to

for the information of Lordslauley, Cupies

of

three despatches and

received

their inclosures

of

pom

Mr. Davis

manthy subject. Sam, bie

ames Stephen Ge

Jun, most obedient

humble servant.

in

that

Harring

DEX.

Forwarded by OCTA

MR h...

day 24

MEStephen 24

уду яку

797

بو

267

28 bet/4

4/4.

Steringleid before

Letter

M2 hope LordStanley |

25

of the 79: Instant enlig

Copies of there Despelites

from the fovernor f

Hayking infecting

Juridiction

Chinese

there, Sandwitiat

Rynest that you Wend the holy

Aberdeen that Lond Stanly sees no seson Loubt the Cornstuf

of the views entities Gardens in that that

چیه

:

يادة

}

f

1

268

DEX

:

sea

269

320th, Lord Stanley. In Für

been

be

чо

Can

-judge

eight. If such th? he

icated to Lord

The ins to be done.

this case

the decision of hd . (Davis

Lord licks opponcion

may 7

титр

suppore

perceive that

anything

Drip : N.G.

Not hw, 3.

My Lord,

FCEIVED

hiya

kray #Love

270

Government House Vieloin

Nong Ning - 2.3. Ellay 184.11.

RECORD

I have the hover to forwards to Four lordship the enclosed corespundenen, kolwer, this Acting Fieving of Cantar and myself with. reference to two acts of bropass but involving widely different degress of Criminalily committed by Linear and Europeons respectively against

each other. Enclosure No I was addressed, to prate

His Geellency in consequence of some person s

(not necessarily English ) having landed on the mainland opposite to this & Elony and strotted. about for some time, after which they rekerned. quietly to their boat and departed..

In

- my reply 18.2., I expressed my regret that such an irregularity should have

The Right Amerable,

The Tail of Aberdeen W. S

Ć

to

tre

been

been committed, but as there were several

American and other foreign bissels bying off the

of

kinese Coust at the lime, it was possible that, the offenders were otherwise than English; though. should any opportunity occur

of identifying them as Bulish Subjects Ishould not fail to laki-

proper notice of

them.

A most atrocious and barbarous cutray and pobbery of Ailitary sheasure having been committed near Checkche, the Military Stalia, on the Louth shue of this Colony by some piratical. Rinese, the particulars of which I had_ the honor to detail in my despatch of the 1" : "MMay, 125 to Lud Alante's adduss, Hock occasion of the Acling Viceroy's abovementioned Letter to brine the same to his Notice, in Enclosure Nes,

his assistance towards the

and do request

1:

discovery and punishment of the pirates. Both our Chef Police. Magistrate, and the Rinesa Authorities on the opposite short have

aff hended

271

the

apprehended persons under - circumstances of th... suspicion, though. I regret to say that nothing positive has yet been proveds. Should any of sho criminals be duly convicted, and condemned, be, the (hief Justine after his arrival, Ishall not fail

lo

ke

to %... Ke a terrible example of them; for Jams persunded that the amount of robben, with -violence which has hitherto prevailed. Among the hinese inhabitants of this Colony, stands in great need of it.

·

I this day received the enclosed reply Now from His Excellency the Sicevus, courteccely acknowledging my Seller, and exprising his determination to use the most offcctuals means the detection of the pirates - The Fread and other societies or combinations for the perpetration of crime, referred.

in

referred to imprez own letter and the Viccier: ". are known to exist largely not only in China but

h

hv

foreign Countries colonized by Kinest ; and as they firm at the root of all security both of

sinn

of-all

persas

ferson and properly, too much care cannot be.

tiveted towards their suppressin.

I have the hover lobe,

My Lord,

You arest Obedient,

Humble Servant,

n

A

71dair

and

272

Ching, Acting Governor General of Kranftung

Kwange, and Lieut: Reveries of

Governor Kwany hung, makes the following

dụng,

tu

communication

·

The Magistrate of Shuntik has fo-warded a report to the gentry of Gunghwei village which is under his jurisdiction to the following effect.

зла

On the morning of the 3rd Instant,

( 20th April) they perceived a boat secar the pier of the village, lying at Anchor in the river

four foreigners a

021

board of which were abom len native laitors. They immediately

went on shore, pntered the villages, and sauntered and locked about throust

the

streets and thoroughfares. From inquiries made by the said villagers amongst the sailors, it appends

that they had sailed from

Houghong, and gone there to look at the

&

{

environd

f

273

verons and had no other intentions. At

they

to

Noon

rred on board, and took their leave.

I Motore examined the

but ple sentory Greaty, and find it distinelly

рве

stated in the 6th Cirlicie, that English

Merchants ought not wantonly to go to

до

willages and 24-udes about at their pleasure,

Enlishmen who in de

and if any

defiance

of the protinition in this Treaty, fo of

their

is accord into the interior and wath to a

་ ;

distance

fraude, the inhabitants are allowed to seize and deliver Hem cvit to the Consul, that they may punished according to tireu stances and

, no matter of what rant or

ke

words to that

effect.

The

billage of Kunghwei

in the district of Muntik, belongs to the

interior, and is

than one hundred le

distant from Whampoa from any nati

do

fo

And no Merchantmen

and anchor there, not

to traders from any country proceed there,

carry

there are

on commirce; yet all on a sudden

four foreigners who come there in a

boot, enter the village

and take a walk, which

is not in accordance with the existing Treaty.

And although the said gentry

A

in

were unable to

ale tain the names and surnames of the party, still as they

Came

from Hongkong there must

be Englishmen amongst them. I therefor

the Honorable Envoy to find out

18griest

You

in

and in

the people who of their own accord, defiance of the Treaty, walked at a distance

into the interior, and

- punish them according

wa

to circumstances as a warning for the future. will sufficiently evince your justice

Thus

༩ ༩་་

and equity.

This is the principal object of this

Communication which is addressed to His

Excellency, Her Britanie Majesty's

Plempatentiary, his Henry Pottinger Bart: G. E. B. yo. Yo.

Yanahuay

αρ

דדיד --

I

3rd

Thouniary, 24th year, 300 Month, 18th day,

Reed 9th May.

( 5th May, 1844)

True Franslation (Signed) Charles Subztaff

Chinese

decretary

Adam Musli

6748. Secret and

ans.

"

!

274

Government House, Vietinia,

(Hongkong) 13th May. 15hh

H

that any

In acknowledging the receipt of Wons. Excellency's Despatch of the 5th. indland, covering some persons who trespassed upon the territory of Shuntik, at the village called Runy-Kivi, I have to express my extreme regret

regret that foreigners should have been so thoughtless & to act in a manner contrary to the Treaty. It is satisfactory to find that they committed no act of injury to the inhabitas to while on show, and returned quietly on board. But ther

ari Inar

Mi

many foreigners in the Harber of Houghing besides English; there is,

is, m

the rest, a

large American thip of War; and the difficulty of proving that the foreigners in question toere His Eyeelleney,

Chine, Beting

Auglist

F

Wilfish is therefore considerable. I shall not fail to cause the said trespassers to be for sperly dealt with in the event of their discovery as English..

I regret, however, to

i n

that an

Day that

intrare involving crime of the deepest dye has been committed in this Colony, by a boat ful of thiness robbers from the territory of the Revangtung Province.

There

men alltached a

boat with a Chinese tres, which was

conveying Government Treasure to the Military

Hot in at that choo on the night of the 12!

ivitant. When We boot was almost within

acach of its destination, the said robbers_

uched by surprise with their spears in great number upon the five English soldiers in thains of the Treasure, took then quit unprepared and succeeded in Killing

red,

Killing four and diving the fifth overboard. The whole

Amount of money on board, consisting of not

less than 12000

the Robbers.

came

Rupees, was carried of 275,

The Boat containing the Pirates from the Eapsing-

Noon

and was

svidently well informed of the transit of the Treasure. There were twenty men on board of her, all supposed to helory to the Triad Lociety, and after committing

R v k

M. Murde's

{

Bocca

they embarked on board two different boats, going in the direction of the Bown Tigris. The other returning in the direction of Macas. I have deferred until now making a representation of this atrocious case to Your Eqectlincy, with the hope that some olive night be obtained toward the discovery of the robbers. I have

how

only to request Your E seellency to use all the means and resources of your governs .

to

verns.

e. t to bring these miscreants

Is condign punishment, as the common

enemies

Y

both Chinese and

Europeans

Less

.. .. .

The Triad and other societies

or combinations for the perpetration of crimes have long been denounced

Government;

4: ajesty's

f je ili

4

、.༩༨༩

Pan

vor Ane

favor

by His Imperial

;

and if Your

with

any suggestions

by which I may be enabled to crush their

l

atte Sion

wire

-se in this Colony, they shall meet

with

my

earliest and most

diligent

I have 42

A

Ligz

Μ

!

Moul Copy

ив

J

Adam M Ehushi Offs Secretary

bang.

276

Ching, Acting Governos General of Kwangtury

Kevanzie,

and Mu

And

lient: Governor

of Kwanglung Ye, ye, sends the

following reply

On the 4th Rustant, ( 20th May) 8 ised a communication from you the How able Envoy with which I have made

Fasl

of Rome

i grell fully acquainted. The Fraigners foing & shout at Curghehen.

1

f

1

on

the uver, and can tig about, without ccating any disturtan, neither remaining Verse for any lew it of time, is inded ofscon in portance. But it is this is at variance with the existing Frenty

イイ

f t il we

five

Treaty,

Am

apprehensive

May in this instance

fellows fond of disturbance of every sration, will go on store to loiter about for their own pleasure, their numbers will daily increase, And the neighbouring gentry and he ple

!

!

I

སr----

****

: boring suspicion, will of their

2.

mmenel

own beerd

fighting with them, a. A it will

be difficult to prevent serious disturbances Not only shatt I' the Noting Governor be

b. xble to

hut ben

A

fuard against auch an occurrence,

You

the ho rable Envoy, will also find it difficult to investigate the matter.

c. à it

d it is on

may cases :) discussion might rise, this recount that ) the delig overnor addressed the Lonorable Envoy that you might from. Es to time restrain them

Governor

you

wanderi ; about ), and

ffron wanderi

to

во

S

about), and by No meand

go too far in the restrictions, but to preserve

·

fully with vigor the equating Treaty, that both foreigners as well

ers as well as natives

May

live in peace. You the honorable Envoy state your reply that there are many forcigners ' at Ho prong, besides

d

your own

people,

c. & that therefore it was very difficult to discover (the culprits) which is indeed t

fact.

You

ou

moreover mention that

277

you

will

not fail to punish them if found out, and wows to that effect, which shows that you the honorable Envoy manage matters with jurtice, which gives

freat joy.

me the Acting Governor

's Ne

and

It appears that some native monderers Lave dared to Go to sea in a vessel and have Killed four (five ? ) soldiers of your

hoverabi country, and have stolen twelve thousand ficees of kilver, which is indeed

against all law. We ought therefore to irumediately rieze and punish them with all severity, if they in reality belong to the Triad Society, ought to visit their exime according to law with 2ll greater rigor. the therefor incmediality addressed a flying despatch to all the Raval and Military Authorities who command in the neighbourhood, to make search for the lost

Navát

articles, and to hold out rewards in their

territory

We

1

1

there, will nee

there

territory to any informer, wriist adopting measures for the pursuit and sixzure of the inuerderers who must be taken. But if they are not seized within the prescribed period, the Mandarins in Office there, recording to the laws of the Central Empire, be severally dinonneed, and not have the slightest merey shown them. Whilst sending this previous reply, Phope that your happines will daily iver ne, and this is the principal object of

This comin

ication, addressed to, Her Britanie

Majesty's Meripote, bary Davis, Governor of Noughong, Commander of the Feroes, and

Luperinter, cent

of

Snoutway 24th.

Trade ye yo.

year,

4

1, the Month, 6th day 22th May, 1844.

Heer 25th May

True Translation

(Signed) Charles Gutzlaff Chinese Recretary

Youve Esty

Adam M Auslie :

Off & Jenntary

Copy

2:31.

My Lord,

Government House, Victoria,

Hongkong, June 25. 1844.

With reference to my despatch N.G.

concerning

the Chinese

278

engaged in the

piracy at (hek-chee, I have the honour to inclose a further correspondence

subject.

-

on

the same

On the 8th Instant I received a communic

means

: cation, of which Inclosure N. /. is a Translation, from keying, stating that every should be taken to apprehend and punish

the gang of pirater who had committed the murder and robbery at (hek-chu._ With a view to facilitate this great

object, (hintae, a Chinese who had

to his share in the transaction confessed

and The Earl of Aberdeen. K.T.

"

DEX

and given the names of nineteen accomplices, was sent over from Hongkong to be confronted with other accused Parties, and left there by rv: Sutzlaff (though without due authority) with the written afkurance of the Chinese officer that he should be returned to

Hongkong..

on

the 13th

At my conference with keying Instant, the subject was brought forward by

me

and on

my expressing my

with and

Expectation that the Criminal Chintal might be returned when he had given all

the

- testimony required for the conviction

of the other Parties, Wir Excellency immediately replied (out Gutzlaff being present) that he certainly should be sent back to thong.

Kong.

On

her

On the 23rd Instant Ireceived 279

a

Letter from keying, of which 2.2. is

a Translation, in which to

my surprise His Excellency deaurs to returning (hintae, and quotes the case of Dr McKinlay's murderers, where, the crime having been committed at a distance from Hongkong, the Criminals were also seized by Chinese Officers within Chinese Jurisdiction; whereas, in the Rek-chu piracy, the crime and the seizure

e

were all within British

th

Territory. _ He also quoter the Article of the Supplementary treaty, which applies in fact to Chinese

тількив

Refugees who might seek shelter

in

085

in blo

Hong Kong, after having committed

crimes against their own

This can have no

of Chintal.

Government.

reference to the case

Conceiving therefore that the non- -delivery of Chintae would be not

only a violation of the condition on

which he had been sent over, but

that it would also militate against

the

independent jurisdiction of this Colony, daddressed Inclosure 2:3. to 213

год

His Excellency keying, expressing my hope that he would adhere to the written communication of the officer at Kowloon, and to his own declaration

at

at the conference, by returning Chintal

280

when he had been instrumental &

the conviction of

nviction of the other Criminals. In it's connection with the Colony, Your Lordship will perhaps see fit & communicate this despatch to Lord Stanley.

I have the honour tobe, &

(signed)]) & Davis.

;

281

}

- חרזזי

4

Keying.

282

, a thember of the Imperial Elan, High Imperial Commissioner, Lovernor several of Kwangtung and

Kwanzse, sends the following reply.

iz

Ching, the Acting Governor of Hwangtung and Kwanges, transmitted the official Communication of you the honorable Envoy, in which it was stated that thinlar,

me o

of the leading pert :trators of the robbery of the money belonging to the British Government, and the murderer of the soldiers. had been apprehended, confersed on being interrogated,

, and fiven the names and

Abodes of his accomplices.

that before the receipt of you

the honorable

On

examining

this case, I find

report of these

Envoy's communication; a a

circumstances containing this information,

had been forwarded by the Commandant of

From

Copy

J. Dair's.

2.31.

June 25. 1844.

Victoria, Hong Kong,

3 Inclosures.

17

Yaeparg,

DEX.

I

it

FE pary, a dt. Majestrate of Howloos,

l

Suat Minister therefore

diately

to the Civil and Military Offers

sent riders to the Civil

in command there, to reize these ruffians

with the utmost severity,

haste and secrecy,

according to the names, surnames and abodes,

the confession. I have

as stated in the co

again,

of you

Now

on the receipt of the communication the honorable Envoy, given directions

to the said civil and Military Authorities to apprehend all the malefactors, and whilst

transmitting

this

reply

I wish

you daily

increasing happiness.

This is the principal object of the

communication,

His Excellency,

Her Britannic Majestijo Plenipotentiary,

Yove.

Gourmies of Hongkong,

Commander in Chief of the Forces.

Superintendent of Frode,

Devis.

Maoutin ang

Yaoukwang, 26th year, 4th Month, 2141283 16

6th June, 1844.)

Received June 8th

True Translation

11

( Ligned) Charies Gutzloff

Chinesi keeri ry

AdwM Gusher

Inclosure I'in despalch 31 17 1844.

284

Keying, High Imperial Commissioner, a

Member of the Imperial Elan, and Governor General of Kwangtung

yo

And

Kwangse, yo, Yo, Yo, sends the following communication

I received a report from thin, the Commandant of Tarpang, in which he observes, that he had received a communication

from the thief Magistrate of Houstong, Prine, to send back Chintal to Honghong who had licor. apprehended as one of the robbers and Murderess of the British Roldiers, that the said Criminal might be interrogated by Hon the Honorable Envoy ; whilst Lecretary Gubzlaff also stated the above verbally.

It appears that we at our

our meeting

board, discussed this matter with

you

the honorable Envoy. In the Supplementary

Treaty however, it is said, that if British

realim

From Merging

Murder at White. Pirates who committed the taken to capture the gang of

stating that uns should the

Merchants

DEX

285

Inerchants have any affairs that concern natives, the English Graders will be judged by a British Officer,

and Native Chinese

be proceeded against by the Contral Empire ( Mandarins ) . Hence both the cases of

and Work wan

yuk

K,

Panasze

last year! who had sobbed and killed soine English

Merchant / Doctor? ) and committed the

same crime as Chintal

and the late

}

were thus

managed,

Governor, Ke, passed sentence

and executed thein, which was communicated

to the late Envoy Pottinger,

Chistre

as is on record.

Chi tre the criminal ought therefore be dealt

may

with, and his case transacted according to the Greaty, so that be

be sent instantly to the Provincial City, and examined by the Judge ; and after having been delivered over to me the Great Minister, I may myself pass the sentence, and have him excuted.

Then I shall again submit a statement to

the

}

285

the consideration of You the Honorable Envoy, and this matter will thus be managed

property

Three

accomplices in this crime

have, according

to the riport

report of the Lacpang Commandant teen seized by the Heang show Magistrate, and two

, and two more been apprehended

by the Peanye Authorities. I' the Great Winister have in the men while given

urgent orders to the breal Military, and livil Officers, to seize with

Leverity

the

remainder,

agreeably to the list of their names and abodes; and the criminals will thus

successively be caught. The necessity therefore

of having this one villain Chintal, sent to Canton in order to be confronted and to

other suffians,

there

give evidence respecting the other su will be still greater; for then none of outlaws will be able to deny ( the charge) cunning by, the case will be eson settled,

And

DEX

and this injury redressed. You, the Honerable Envoy, will as I suppose, take the same view of this matter.

Whilst this bringing this affair

to the notice of You the Honorable Envoy,

that

Eaine.

you may order the Chief Magistrate

Secretary Gutzlaff to act in

and

accordance thereto, I avail

opportunity to wish

You

286

Government House, Victoria,

18th

Houstrong, 24th fine, 1866

I have had the honor to receive Your

unication concerning

Excellency's communication

Chintal and

beg to state in reply that the

was taken over to Kowloong by

wer was

myself of the

Raid prisoner

much happiness.

"This is the principal object of the

Communication addressed.

Y..

н

Her Bretannic Majestyo Plenipotendiary,

Governor of Hongkong, Commander

-in-Chief of the Fares, and Superintendent

Trade, Davis.

Frontwang, 24th year, 5th Mouth, bitte

6th

May

/ 21th June, 1844.)

Head 252 Jame

True Translation

(Signed) Charles Gutzlaff

Gru Copy Adam Mr. Punshi:

Chinele Zecretary

+

Mr. Qubzlaff to be confronted with the accused persons - Mr Gutzlaff, without

authority, left him in charge of the

Mandarin, Chin,

on

the

express condition

that he should be returned . Y possess the Official letter of the said Officer to the Chinese Secretary Entzlaff, stating thus the said prisoner

Chintal shall be returned to

your

" honorable Nation's Authorities to be examined

Je,

Your Execttency also declared expressly

in our co

ence that he should be

conference

His Excellency,

returned

Keying, biciroy, High Imperial Commiccions.

DEX

i

ཙཨུནཾ ཨ, &, E"M" ་

returned when he had proved the guilt of

the other criminals

Should he not be

-4

returned, the Gutzlaff will be involved in responsibility, at the same tire that faith will not be observed.

I therefore feet persuaded that Your : "veellency well fulfil the conditions

oner vas

on which the laid prisones Mt Gutzlaff

over to be

left by

and allow him to be sent

afain examined.

mwdered are

not the same

The case of the criminal who

English Boctor last yea

is

That criminal was taken

by Chinese Officers, and not at Honghong- Chintae's crime was committed at Houghoug against the English Govern est,

he

was

Paken by English Officers,

English Officers, and before

completed he

his examination was com

he was

left with the Officers at Kowloong on the

express

condition

of being retromed for

examination

cxamination: The object of the presen 787,

communication is to request that Chintal y be sent a when I : has given his b limony ofxinst the other parties, by

af which the principles of good forth will be illustrated, and harmony and friendship

ensured

+

with

many

wishes for Your

Speellency's happiness

I have Vr

Signed; 1 &

ان

Adanet Kinsler.

NDEX

885

Sheloture in despatch $1/1/1844-

izza

Copy

h:41.

My Lord,

I lose

Government House, Victoria", Hongkong - July 5.1844.

no

time in re

replying to your

288

Lordship's despatch he 30. of the 26th March, on the important subject of Juridiction

this Colony.. the Chinese of

over

Ipremise by remarking that the observations of Lord Stanley and of the

Law Officers of the (nown, inclosed in Your Lordship's Despatch h:54. of 1843., appear to me so unanswerable as & the practical imposibility of abandoning our jurisdiction over the Chinese of Hong kong, without converting the Sovereignty of

mere occupancy

The Earl of Aberdeen, K. J.

the Island into a

of th

that they might decide

the

hope that Chintai

Weller frens His Eye. Elem Davis to Rerzing expressing his

utuned.

be

DEX

884

the question as to maintaining even were our right less clear, or the

maintaining the (laim,

maintenance of it less rasy - than it is ._ To all that is there observed Imay add, that the following consequencer would insuitably result from the Chinese of Hongkong finding themselver subject to Mandarin instead of English durisdiction. In the first place,

sense

Pace, that

of security which leads them to colonize here, and which has already raised

адуча

the native population to about 20,000, would be altogether dispelled, and the best portion of the community would abandon the place. Another consequence

would

་་

289

would be more serious still; for seeing

that they

were

indipendent of our

tribunals, they would lose all that which is so necessary from the governed to their rulers, and the power

respect

of controlling them would be altogether paralyzed...

When coure of the Chinese Regotiators waged as an argument the unwillingness of the Chineses to be aceliget to English Rule, they

either strangely

were

ignorant of the inclinations of their

Countrymen,

or intended to draw

or

our simplicity. The People

largely on our

at (huxan, where no Chinese

no Chinese Officer

is allowed

дву

wed

us to appear, will

look

Des

look upon the restoration of that place

to their own

t

foot a

as the greatest mise

tine: and were I to propose

- fortune:

the

choice individually to every Chinese Inhabitant of Hong Kong, Ishould

look for

an unanimous result..

If I revert to the provisions of The Treatier, it appears that by the of the Treaty of Nanking The Island of Hongkong is "to be

3rd Article

Her

"posessed in perpetuity by "Britannick Majesty, Her Heirs and "Succefors, and to be governed by such уведомете Сухией "Laws and Regulations asther majesty

Thall see

fit to direct . _ The Chinese

if

290

if possible is still stronger - It is literally

" Forever to hold and guard the lordship,

Com

знать

and according to convenience establish

"Laws, govern, and regulate?

The 15th Article of the Supplementary

are to be

Treaty provides that debts from Chinese Inhabitants of Hongkong recovered by the English Courts of

Justice, which plainly admits that the English Law shall be supreme..

Your Lordship quoter the state = ament of Sir Henry Pottinger, that the Chinese Authorities had tacitly abandoned the claim of jurisdiction.

Such an abandonment on their

part could not be otherwise, for

they

}

IDEX

T

i

arrival

they dare not for their liver commit it to paper. A written concession of such a point is out of the question, but the virtual possession of the right and practice, on my ar in this Colony, is proved by list of 94 Prisoners in the dail, moch of them Chinese, sentenced (for crimes of all grader from Piracy

the inclosed

down to theft) to punishments of

шикел

Leven

-years

various degrees from imprisonment, with flogging and hard labour, to the lowest penalty. Imay observe that for Piracy the

punishments

2.1.

ho 2

punishments are much too

light; and

291

that for the Chinese, instead of death, Ishould be disposed to adopt transportation

for life to our penal settlements, as a most powerful dissuasive from trimer of atrocious violence.

With reference to the Pirate (hintae, noticed in

case of the my

Despatch ho 31. of the 25th of June, I have received the inclosed from the Imperial Commissioner Keying, in which he altogether wader the

question of sending him back according

to the express agreement,

and observers that he will be

Executed with the other offenders._

Though

NDEX

t

-سم

Ses

Though the ends of justice will be

aqually answered, deannot but look

as a breach of good faith,

upon

this

and shall be more cautions than

Ever as to the delivery of prisoners

to the authorities on the mainland.

An attempt has been lately made, evidently for the capress purpose of trying my firmnesson this question of jurisdiction, and there is every presumption that the accused person is perfectly innocent.

An

application was some time since made to major faine, the Chief. magistrate by the Commandant at

Kowloon

Kowloon to send over a

292

a principal

Inhabitant of one of our Hongkong.

Villages,

дома

to be tried on an

accusation

of Piracy. As there was no widence the man, Major

Whatever against the man, (aine very properly represed & und

send

on

him, after arrest and examination, and referred the question to me.- Ireturned for answer that by the treaty an accused person could be delivered up only groof or admission of his quilt. This person moreover was not a refugee from the Chinese side, but an old Inhabitant of Houghing,

and

IDEX

ļ

CS

and Constable of a Village under British appointinent. He had lately received

а ниш

sum of money in compensation of land on which the cultivation of rice had been forbidden, and wouls appear their to have become obnoxious to false accusations. I have declared my willingness to deliver him up

on any fair presumption or proof of quilt; but his abandonment otherwise would be a final blow to that

confidence which the Chinese

ht to

Inhabitants of this (Colony ought feel in British protection. I therefore directed the inclosed reply to be sent by

Major

2.3.

Major Caine. -

A little

firmnest

293

at the commence =

estion at

- ment will put this question rest for ever, whereas undue concessions will only invite encroach. =ment, according to the well known character of the government with Whom we have to deal, and satirely

dextroy

our credit and claims to

rexpect in the eyer of our (hinese flonists.

I havets

ед

(signed) J. Z. Davis.

A...

294

.

Copy From

Жада Mr. Davis.

2:41.

3 Inclosures.

Victoria, HongKong,

July

5.1844.

NDEX

F

I

Victoria Lail, on 12 May, 184 295

Sentence.

· Period of

Sentence yet to run 3. Im!

5 13

100 4 years Imp: h. 1. 2

1002

d..

5 13

Remarks.

1002 ic

100

1006

1006

1006

1006

513

13

"

ouths

22

34

"

341

1

34:

"

"

3

n

34

21 Sentenced by H. E. the Governot

21

الله

Do

tes

Return of Prisoners in

Ar

Na..

il

A

Country

Crime.

Bronze

1 Assung

Crina

Piracy

2. Ayee 3. Afock

po

Do

4

Thung

bo

be

D

100 2

5 Yeong Asho

Do

Being accessory to a theft-

6. Isoy Achur

مرا

7 Le Ase

5 Chun Alay

9

Chun

A fook.

مل

ملا

میرا

ملل

10 thun tuck.

11 Chun Aloons 12 Wong Aly 13 Wong Arow 14 Ho Ashing

bo

Theft

604

years

Leo

مول

ائل

ملل

Do

be

Be | Allerupt at Robbery & possessing house-bricki & implemento.

Theft

60 4

3

2

721

be

50 6 Months

15

Pang Awa 16. Laonz Achark

42

100

6

521

Le

1006

52

17. Soo Asut

18 Cheong Achow

ميل

متا

1006

55

10

i

without labor

55

19 Tai Alun.

bs

100 6

Imp: h.l.

6465

20 Bong

Wong Asam

21 Wong Ayou

23

Ing Poon.

22 Wong Achun

24 For Afack. 25 Chun Fookiting

ملا

مرا

مول

805

38

be

1006

Robbery

100 6

you

Loo

10016

مرا

میرا

Piracy

1006

100 per.

amnum during

confinement, Yo P. ip.sh.l. 5 years 19

bg

75

75

75

Lentenced by H. E. the Governi

!

}

3

i

26.01 Asun

Return of Prisoners in

ser

Name

Country

Crime

Chinese

Piracy

Le

be

be

be

27. Lum Ayou 28. Chaong A how 29. L: Amoon.

30 Kick Asco

311 Laong Stuck

32. Chow Atsut

53. Kwok Aching 34 Le Acqui 35, Loony Arze

dang 36 Loc Ahung 37 Chun Asun 35 th Alize 391 Ho Now

แป

40 Tung Aze

41 Seary Moon King 42: You Alsow

bo 110

19

10

110.

사용

Dr. Intent to steal

Theft

사이

Knowing the same to have been stole.. bo

ملا

10

190

Robbery

The

Possessing atolen property

3.

Lec

Theft

bo

you

Wars

Dr

110.

Robbery

br

48 Jung trans

D%

49. Jauns Asze

50

You Achaons

Do

ملل

51

Trung Leenching

Possessing stolen property knowing

the same to have been stolen.

43 Ang Ashing

44. Jung Poon

45 Yang Tai Wang.

46 Tsung Acharns

117

Oc Alook?

1

Strokes

Victoria Jail

Sentence

Beriod of

Sentence yet to rune

Y:

M.

d:

100 per annum diviing confinement & Emp: hl. 5 years. 44 9

on 19t May, 18441.

Remarks

296

lec

/10 49

bo /10 49

Sentenced by H. E. the Governor..

jo

Lo

br

110 4 9

bu

Lo

Dr. 44

2

41 9

Do

150

Ler 4 9

26

b

Do li q

40 / Months Imp: h.l.

to 4

SCA

406

100 1

"

1006

50 4

་་

80%

bo 3

602

603

30 11

100 6

1006

1006

-

100.6

1006

1006

་་

27

ך!

दा

35

"

"

103

IM

117

28

7

37

"

65

125

125

125

125

125

12.7

DEX

Return

Prisoners in

510

Name

|

Country

Crime.

Sendence

Strokes

Victoria Pocit

Penind of

Sentence

Yet to run.

On 12 May, 1844-

Beworks.

297

52 Low gut puy

Chinese Possessing boten property

Knowing the some to have been stolen.

100 6 Mouts bo chl

55

54

55 Chaong Akun

Lew Acharg Pronapah

Robbery

Mordrows

Chi Possessing stolen property knowing

the same to have been stolen

56 Le Arvon

Loc.

joo

10: 6

519

N

603

1006

127

131

48

"

50

135

་་

57

Churn Choong.

b.

110

503

20 3

57

58 Loo Njook

Lo

br

59 To Chrong Tow

L

Theft

60 Lum Ayo:

Robbery

1M b

57

$3 139

61 Jung Asun

10.0.

Burglary

62 Yso Aleen

110

63 To King hay

110

64 220 Aman

fo

1/20

65 320 Amny

leb

Yer Aprons

67 320 Asheen

68 Wong Atsut

0

Lo

cessary to above

110

110

Burglary

Leo

!ot pres Amum diving

confinement 4 years kupitil. 6 11 15 Sentenced by 4. E. the Governor

H.

Je

185

4 11 15

6 Months Emph.l.

153

6

155

de

b

153

de

153

do

153

jo.

b

100 par

during

confinement. & 3 years huphl. 2 11 2

69 Pang Aman

do: - Soo tipoe in

Lo

Lo

de

bo

/10

2 11

2

do: this case delivend

go:

70: Channy Asize

210

do

do

do

2 11 2

do: over to Chinese

71 Chum Akeen

افز

40

do

do

do

2 11 2

72

173

Lurn Alook

Tum Ayaong

21.0

b s

Lis

74 Young Akow

Theft

100 1 year Qrup: h.l.

bo 1 month

30 1

11 2

de-Authorities

do

1.

do

"

-

Crime

Return

ces

of Prisoners in

چاہوں

Name

Country

75

Yu Achamns 76 hiro Amail

Chinese

77

Law ilfor

100

78 Chry Apang

D

Theft.

Assault and Robbery

--

Intent to commit felony at night and assaulting and wounding a policeman

Theft

79 Salvador Lacrase - convicted of Murder and awaiting execution

Two loldiers confined under dentence of Court Martial ___

(a)

$2

a

-Twelve prisoners concerned in an assault near the village

spear - This 94. John Bieman

man's life.

J

is not yet out of danger. Imprisoned on change of beastiality

i

Strokes

Sentence

Victoria Jail, on 12th Thay Blogg

80 / Monthis Imp: h l :

1006

-

"

120 for ammum during! confinement II years

lipp hl.

So 4 months Lup: R.A

of antence

of

Perind d of

Sentence Yet to un

89

1117

Remarks:

15. Lentenced by H. & the Governor

271

Wone nei choong during which one man was wounded

Yrne Copy

{

(Signed) Wlaine

Addr. M Emishe

with

INDEX

:

299

Alta de p

042

Inclosures I in despatch 14. 1 if18416

300

Member

Reging, High Imperial Consumissioner, Manter

of the Imperial Clan, and Governes General of Nuanstung

and

Kwangse

answer

yo, yo yo, sends the following to a communication just received from your

the Honorable Er oy, referring to the cars. I/

ya

:

Chintal &c, 4+= (`ace dispatch, dated 20th

f.cat

#h June)

Berpeating the case of Chintar, I the

written

Inmister have already officially to You the Honorable Envoy, which desparte .

AJ

I believe has reached

you,

that he, as well

as several of his accomplices, who being

Aprehended, will be examined and executed

(by the Government) of the levtral Empire; but it is the fixed law of the Middle Kingdom, that the execution of the 28: 1rce after the

trial

of ordinary robbers, must stand over

that t. reply from the

until the

Board

day.

( of for nishments) arrive. As for

NDEX

Return

Jail on the 12th May 18444.

Fusmers in Vetoria

367

#. heinous crime of robbing and

open sex

in the

this can

and hi

Hitting

only

be bried after

having been bra en "ed to the Provincial

tity, and I the Governs, shall prosecute person,

and then

request

in

a death warrant

and have (the criminals) excuted

Chintal

ought therefor to wait until he is confronted with all the other offenders, and his evidence as authenticated, by the a vities that

jndeed hive

is

forwarded in detail to the

Provinciae fudze, who on having again

Virusticated the matter and found

und no

......

difference, will send the same to be examined

the the Governor in conjunction with the then the sentence for

Ecut: Governor

mor, and

evention wit be passed - This is the reason

: not having been immediat by punished. deeply grieved to hear of the

ar

bands of robbers wh. I we

repeatedly

`tted such extensive *: predations, and

Aney

301

they must be instantly seized with severity and rigidly hunished, in order to fucky the Country

Your Late sumunication does not

ristinelly state whether or not flanzehow

jeurs to l'a

i

ong, and whether it ouṛt

hong,

to be wider the jurisdiction of your honorable

Nation, or is situated outside the island

, and under the Government the Central Empire ? When I, the Great Minister went to Macas, I did not bring a hart with me,

that I have no

10

froot. I have therefore given orders to

Adinal lae to institute full

invest ation to seize with strictness and

this affair.

Ana

afe

Whilst sensing this previous

ication, I wish much

communication,

happiness,

of the

you

f

and this is the principal object

munitation & desed t.

F2**° !

His

seellency, Her Britannic Majesty's Plinipotentiary, Lovernor of Hongkong. Commander in Chief of the Forees and Superintendent of Grade, Davis

Frontwang 24th year, 5th month, 13th

Reed 124 July)

27th June, 1844

day,

True Translation (Signed) Charles Gutzlaff Chiness Secretary

True Copy Adam M Chisli.

302

}

Nietnia Menghions

Th

4" July 1844

I am directed. by His Excellency the

Governer &c., &c. to acknowledge. the neceipt of your communication which arrived yesterday. sin Kivong.

emverning the accused, persen. Alwing

"His Excellency, can only repeat that the IX. Artiole of the heaty expreply stipulates that. before an accused person. is delivered up, there.... must be proof or admision of his quilt". The accusation of the complainant is no proof whatever, and the prisoner has not made. any admission of his quilt. If any freef

"1

can.

be

afforded of

his

-un.

on

imputed offence, or any confession be obtained

- part, His Excellency will send the....

his

own

directly. To do so without these..

accused over dire

To the Commandant.

necessary

of Taepang Station, Chin

DEX

4.4.

Caz

ucessary conditions would be to violate the Treaty, and to forget his duty to his own horign.

It is highly neceping to observe that the Linutenant. Stan Keunfang in proceeding to

necessery

Tinglungehow to search and enquire without the of the Chief Magistrate acted in a

con Cuvienel

most, irregular

the

a.

manner. This Colony of Hongthing having been eeded to Her Britannic Majesty,

rights of British territory must be strictly quarded, and. His Envellency dems, it necessary to give previous notice that any Chinese inferior Officer coming in search of criminals without. of the British Authorities will

the

can currence

be considered as directly infringing the Treaty

With complements &.

I have the huner &c,

Signed) W. Caine

Inst. Copy Adamh Ehnehi

.

3

303

IDEX

LAGE

Inclosure I'm despatch 4.1 i 1844

besp : tfw. /2:57 -20 hotel)atter

Sir,

1956 Hongkon

1844

I am dicited

request that

you

Kong

204

Foreign Office, kovember 21. 15414.

by the Carl of Aberdeen to

Luiste

will acquaint Low Stanley that

Bishondship's attention has been directed to that

in

fordstenley's despatch to torbairt

the forlon

De

passage and the subject of

which a copy...

my

the

Conical Entenance Mt.

is inclosed in

ум

9.

letter of

yesbistag, wherein it is observed that the ands "ships and Khals

My.

under the tsritish Fle

synonymont

appear thave been used as "British Vafaels nairgalul according

may

A

to Law"..

in onder to

with

I doubt has suggested itself whether the pauline expression used in the ordinance

not have been complozed bring within ito provisions Repels not shilly British, although British owned and provided with a Sailing. Letter from the Gereonment of Hengking

Stephen Ge

The

IDEX

unless proved to be

ein Kering cannot be given up

at Kowloons stating that Nwng

William Laine to the Commandant. "nimunication from Glazer

juilly.

!

302

which

and the

the inclosed topics of the desputites

between this office Inperintendang in China in the

pasand

var 1842.,

ex

and of a report from the Queen's Acorrale, will show Lord Stanley that it

may desicable to direct Mr Dairs to empley tern which shall include Napels nairgated under such Sailing Sitters, equally with Bitial Repels navigated, in the stit

the expression, according

acceptation of

Low.

Jam, Sie,

you mostobedient.

humble servant,

Alle Addington.

b

15 Wine Charle

Immediate ing je, Mis hope 30 Nov

MrStephen

304

I have insected in the

4 page of thei Draft to

Mr Davis some words to meet the section of the & O. As the Buil

Smail go

on

Monday and dorsolanty,

with not be here after today, might drequest you to outo paps the Draft on for approne

from

44

TITT

عالم اليسارية البري

abonce.

'Sonor

DEX

305

23

as here described and

I have

вто

doubt that the case in

The prosored Repalihe to hd. Bains &.?? in altered

my

"

306

opy

W. 1.

Myland,

Macas. 25 Febr. 1842.

I have the honor to forward to your

зия

Ladship copie; of my Leller, 4.9, of this

ошу date, to The Rt. Hon. The for. Gende of Sadie,

on the subject of "Sailing letter " for Veppets belonging to Bütech Subjects; and I shall be

which

glad to be honored witho

any

Commands

H: Mi Gort may

consider to be

Obe

necessary for

my further guidance -

I have to

(Signed) Henry Pottinger

The Earl of Aberdeen & T

Thetal

NDEX

307

L...

79%

Coppe 20.9

Macas. 25 Febr. 1842.

MyLords,

my

recent arrival from the horthward,

I have had several applications for " Protections

or

"Paper " from British Merchants residing

hese

and at Hongkong for Vessels belonging to them, but which cannot be admitted of the privileges of British Ships dale registered & ravigated". I have therefore prepared a form of a "Sailing letter " which I propose to issue to ale such Vessels,

on

the

necessary proop being furnished, by the production of the Bete of Sale, that they are bona fide British Property, and I to myself the honor to forward herewith

а

Copy of the "Sailing Letter" and shale feel much obliged by your lordship favouring me with any suggestions that may occur to you upon it, as well as by your obtaining The Lord Alenborough.

For

I

EX

HOE

for me the opinion of the Law Offices of fort

at Fort William,

object in views.

as

to its efficacy toalidity for

Copier of this Letter & its inclosure with

the

be transmitted by a thip & tail in a

few

few days

for Bombay, & thelard of Aberdcow, for the

information & commands of H: Mis foot

I have si

(Signed) Henry Pottinger

Copy

XX

ômit

Sailing Letter.

308

To be renewed yearly, for the protection of thips aned by pintech babjects, but not entitled to the privileges of British Phips duly registered & havigated.

I _ St. Brit. M's Inperintendent of the Trade of Mounts Subjector in China, do gract this sailing Letter, as abooo designated, for

авто

the use & ravigation of the thep or befiel

whereof

and whereof

is at present master,

owner; and

1 hereby

make known to all It. But his Public

Authorities appointed to reside abroad, and

also to all other

Officers

m

-her-raid Mys

service both civil & military, and also to the several constituted Authis en Foreign fouatuer, that the said ship or Vessel

in the property off the protection of

of a British Subject;

and

(that the is therefore entitled, under

the Laws of England [ basume the

Beatisk

!

DEX,

+

British Flag in all her voyages, and to

as a

claim the protection of that Pag national destinction in all matters relating to the rights of property but I do, at the same time, make known that by this sailing Letter, there are

given to the raid Vepel no sights of trade or navigation which are by the Laws of Sagland confined to British Ships properly so called, and provided with certificates of Pritick regrity, which is the only legal evidence of their

title to that character; nor to exercis any privilege of trade or kavezatin which is by the laws of England confined to the Ships of any foreign Country owned and revigated by the subjects of rack Country. But, inasmuch as the Britit laws of

navigation

warezatia & regeitry do not preclude Bachel Brikch Subject

J

309

Inbjects from employing theps other than between Foreigh

registered this, in vogager

Countries, between which they trade, for in

certain other cases,

cases,... Otac i

this säiling Letter is

granted to the said sepel

that the

In order

may be daly protected as British roperty, while employed in any ofrack

unrestricted

And for the more

vogages. And for

certain identification of the said refuel,

for which this sailing Letter i granted,

I do hereby certify that the has decks, and _ marts: that her length, from the fore part of the main stem to the after part of her stern port abaft, is - feet English: her breadth at the broadest part is - feet Engleich; her depth of hold in _ English: That

the

DEX.

310

the in rigged

rigged as a stern, has. a-head

is my stern,

with

with a bows prit

quarter galleries; is _ built; has

with a rise

of - English to

the quarter deck; and that the measures

afloat _ according

to the mode of

6

admcasariment prescribed bythe Britick bet 5th & 6th Will the 4th cap of, regulate the admeasurement of the tonnage of bardew of the merchant shipping of the baited kingdon, passed in the

year

635

In witness whereof, I have hereunto

Inbsorbed my name, & affixed my of affice, at _ this day of

in the year of our 2nd, 18-

L

Heal

(Signed) Henry Pottinger

Chef Sap of the Fouse of But: Fabjects in China.

[ or in his absence to be segued by the Deputy Pups. ]

1

Сорчо

7:2 ші

ingers

ал

I have had

under

Ineegn Oppie Inly 2. 1042

Febr

my consideration your despatch Chief Supt. N. 1, of the 25th of tetr. last, inclosing a form of Sailing Letter which you propose to isme to Repels owned by British Subjects, but not entitled to the privileges of British Ships duly regeitered and navigated; and I have to acquaint you

that when aquestion respecting Letters of this decripta issued was some years ago

not to

by H: Mit Consuls in the Pacific, under consideration, it was thought expedient invest in much Letters an express permission for the

Vessels to which they might be granted, to use the Brikik Haj.

I accordingly return to you " the Form inclosed - the in your despatch, altered so as to make it correspond

in that respect with the form settled at the time

with have the goodnes.

referred to; and you

to

exopt these amended form in all Sailing setters

4. Pottinger

which

DEX

have occasion

to

to issue after the

Copy

this

which you may receipt of this despatch.

I have communicated a copy of despatch to the President of the Board

the Board of contrionl for the information of the Governors fenerol of India, and also to the Lords

Comms of the homiralty.

I am to

(Signed) Aberdeen

Enghard,

Doctors commons. June 30. 1842.

311

I am honored with your hardships commands

signified in the Addington's Letter of the 14th Just, stating that he was directed to transmit to me a Despatch from tt. this Plenipotentiary in China on

H: the subject of sailing Letters which he proposer to great, for repels belonging to Britich subject although not entitled & Writech regrity; and to request that I would take the subject into consideration, & report to Courtadships my opinia thereupon.

In obedience to your Lordships commands ! have halen the subject into consideration, and

the form of the

have the honour to report that Jailing Letters

"

proposed to be granted for Vessels belonging

вы to British Subjects although not entitled to British Regeitey, appears to me to be correct and proper.

The Earl of Aberdeenky

It

·"7,--‛4,,------- -དགག

DEX.

SIF

It is right, however, to acquaint your hardship that in the year 1038 [ Sept. 3] when the form of Sailing Letters for refsels belonging skritih Subject in the Pacific becan was under for consideration, it was recommended by the

Lords of the homts to omit the miested

express permission to wear the British

all ex

of

Plage,

Their Lordships conceiving that this might legally be done in all cases wherein the Requity & Ravigation Laws, were not in any way infringed. It does not appear to me to

material Importance, whether

be of any

the clause as to the wearing the Hay be wicetect, or not, but perhaps your Ladship would think it right out of deference to sugestion of the Lords of the Admiralty

the

to direct its omission.

I have ve

(signed)

I Dodson

Rfd

2079 trong hàng

RECEIVED

DEC. 16 1944

Foreign office.

312

December. 14. 144.

I am directed by The Earl of Aberdeen to acknowledge the receipt of your Letter of the 12th Instant, transmitting, a (apy

вра

has

the steps

52, 22 Augh my of a Despatch which Lord Stanley

received from Int. Davis stating which he had taken with reference to

the erection of buildings by American and British Subjects, on the Cowloon Peninsula, and I am to acquaint you, in reply, for the information of Lord Stanley, that

Lnd

G. W. Hope Eng

se

A

- 12 pi

!

I

B

ни

€16 I

2e

And Aberdeen proposes toaddiess as despatch to Mr. Davis entirely approving

his proceedings

I am,

in this matter.

Sir,

four most obedient.

humble servant,

All Addington

This

313

:

#

A

Сорга

Index

314

INDEX.

:

316

Foreign Office

and Canning ffom Arglo Chinese Collegey Apter of London

Mistry Sory for Loud for. -

19

کا

315

Consult directed to absten from interference with Musong puroricts.

SoMy Pollingers Commission acgovernor

a

Cory requested.

Mural dengton & Lily Mistry Societies in Chine, orels besprech

to For My Pollinger fur Lord Aberdeen

13 Allowances to Davis to prneed to Chima

as &Ms Plenipotentiary - Question:

as th

to full Salary finderte of enbartation

14 Seamen's Hospital, Conner to

Admiralty to be made, this office.

from

24 Ar Hanson for of Danish Postn

in 8. Indies to be recommended

to he foremor

26 Ift Juste to for Paves for makin

over

Koolangsoo to China

Men Gross avis Justus as Menipotentiary Ahief Supermitent are sent.

Recovery of Rebts contracted by

British with bluveté

under Treaty.

INDEX

هست

DIF

Mar

Foreign Office continued .

13ten Salaries of Colonial Estatt, Rate of exchange at which they should be pard

25 Chylo Chinese College at Malacca

Grant to be transferred to the Morrison Education Society.

26 Chinese Murder, you Paris to

be written to respg it.

30 for Manish Poss" in the hides, Was his appon for untroduction

to the Governor complied with Lope Leppy Karty 8 Och 1843, cult

Printed copies.

6 Chief Justices pervers information to

be fumushed for Lawn Officers.

over

20 Civil Criminal prorisdiction

British Subjects in China-Order in Conncil sent for opinion

22 De _ alterations proposed by the

Law Officers in O in Council.

4th Consider furisdiction, ouny Lord

Aberdeens Instructions

transmetting Order in Council.

316 END.

Foreign Office conturned. 248.

July huggests that all persons in the Public Service

be enjoined trespect the usages & Institutions of thince. Must Conviction of Lacrose Salvador, reported

in Der Pottingers Desp: hr 52.

I.

Jeffs Secondary Punishment in beer of Recusportation, Linds despatch to Governor. 24/fr Macas, Dippo from for #Pollinger 50d Ordinance MG, foruction given to

Potterger

14 Commission phalace Retructions

4 for Davis respecting.

Jurisdiction, leffion for Ravis

Mus 9,31 834

This

Whor Oromance Ing to restrain

persons trading in China to the

Northward

پر

the 32 Degrew M. L.

of the

14. Dew Erection of Buildings in Coroloon

For proceedings approved.

}

RECORD

OFF

i

PUBLIC RECORD OFFICE

2

3

Reference:-

5

6

CO. 129/8

COPYRIGHT PHOTOGRAPH

NOT TO BE REPRODUCED PHOTOGRAPHICALLY WITH- OUT PERMISSION OF THE PUBLIC RECORD OFFICE, LONDON

1


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